Mississippi Petition to Probate Lost Will

Category:

Probate - Wills

State:

Multi-State

Control #:

US-02168BG

Format:

Instant download

Description

Probate is the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will. First the will is filed with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the will and appoint the executor named in the will (or if none is available, an administrator) with a declaration of a person who had signed the will as a witness. If the court determines the will is valid, the court then "admits" the will to probate.

The best evidence of the contents of a lost or destroyed will is a copy or draft of the will that is clearly and satisfactorily identified, if it can be obtained, and ordinarily this is sufficient. For example, an Arkansas court held that a finding that a photocopy was a copy of a lost or destroyed will should be sustained in view of the fact that the testimony of the attesting witnesses and the attorney as to how, when, and where will was signed was not in conflict.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Mississippi Petition For Order Requiring Production of Will

View this form

Mississippi Pot Testamentary Trust

View this form

Mississippi Lack of Probate Affidavit- Separate Property

View this form

Mississippi Conservatorship Information Form

View this form

Mississippi Request for Estate Planning Documents and Information

View this form

Lead Based Paint Disclosure for Rental Tra...

View this form

Instructional Design ADDIE

View this form

Written Warning/Discharge Notice

View this form

How to fill out Petition To Probate Lost Will?

You can utilize the internet trying to locate the legal document format that meets the state and federal requirements you will require.

US Legal Forms offers numerous legal templates that are assessed by experts.

You can download or print the Mississippi Petition to Probate Lost Will from their services.

If available, use the Review button to check the document format simultaneously.

If you possess a US Legal Forms account, you can Log In and click the Acquire button.
Subsequently, you can complete, modify, print, or sign the Mississippi Petition to Probate Lost Will.
Each legal document format you buy is yours indefinitely.
To obtain another copy of any purchased form, visit the My documents tab and click the appropriate button.
If you are accessing the US Legal Forms website for the first time, follow the simple instructions below.
First, ensure that you have selected the correct document format for your region/area of choice.
Review the form description to confirm you have chosen the right form.

Form popularity

FAQ

A surviving relative would contest a will if he or she thinks the will is invalid or that the deceased was unduly influenced or did not have a sound mental capacity when making the will. If declared invalid, the will is void, and the estate is divided as if no will existed.

Witnesses: A Mississippi will must be signed by at least disinterested two witnesses in the presence of the testator if the will was not written entirely and signed by the testator. Writing: A Mississippi will must be in writing, except as noted below. Beneficiaries: A testator can leave property to anyone.

Mississippi probate records include dockets, wills, settlements, petitions, letters, guardianships, claims, and minutes. Probate records of Mississippi have been kept by the chancery courts or probate courts. You can obtain copies of the records by contacting the clerk's office in each county courthouse.

Unlike some states, Mississippi does not have a statute of limitations for probating a will. This means that a will can technically be admitted to probate regardless of how much time has passed since the decedent's death.

Invalid will. Wills have specific requirements to be valid; if those requirements aren't met, the will could be contested and declared invalid. Those requirements include the following: The testator must be at least 18 years old. The will must be witnessed and signed by at least two people who aren't named in the will.

If it can be proven that the will was not signed in ance with the law it can be challenged. Lack of mental capacity. If it can be proven that the testator was not of sound mind when they wrote and executed the will, it may be challenged.

In Mississippi, a copy of a lost will may be properly admitted to probate if it can be proven that the original Last Will and Testament was properly executed and witnessed and subsequently lost.

Improper Execution A will must be executed properly in order to be considered valid. This means that the person making the will must sign it in the presence of witnesses, who must also sign the will in the presence of the person executing the will. If the will was not executed properly, it may be declared invalid.