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.
A New Hampshire Petition to Probate Lost Will is a legal process aimed at validating a lost or misplaced will of a deceased person in the state of New Hampshire. Probate is the legal procedure by which a deceased person's assets are distributed according to their last will and testament or state laws if no will is present. However, in cases where the original will cannot be located, a lost will petition becomes necessary. The New Hampshire Petition to Probate Lost Will is a specialized legal document that must be filed with the probate court. It allows interested parties, such as beneficiaries or heirs, to present evidence and request the court to recognize the lost will as the valid last testament of the deceased individual. The purpose of this petition is to ensure that the testator's final wishes are honored and their estate is distributed as intended. Different types of New Hampshire Petition to Probate Lost Will may include: 1. Formal Petition to Probate Lost Will: This is the standard type of petition filed with the probate court when a will is lost or misplaced. It outlines the reasons for the loss and provides any available evidence, such as witness testimonies or copies of the will, to support the existence and content of the lost will. 2. Petition for Summary Administration of Lost Will: When the estate is small, New Hampshire allows for a summary administration process. If a lost will is involved, a specific petition can be filed to request the court's approval for a simplified administration of the estate, taking into consideration the lost will's content and the intentions of the deceased. 3. Petition for Holographic Will Probate: In some cases, the lost will maybe a holographic will, which is entirely handwritten and lacks formal witnessing. This type of petition would focus on providing evidence that the handwriting and content of the lost will belong to the deceased individual, ensuring its validity for probate. 4. Contesting a Petition to Probate Lost Will: In situations where interested parties dispute the validity of the lost will, they can file a contesting petition. This initiates a legal proceeding where evidence must be presented to support either side's claim. When preparing a New Hampshire Petition to Probate Lost Will, it is crucial to consult with an experienced estate attorney who specializes in probate law. They can guide you through the process, help gather necessary evidence, and ensure proper adherence to New Hampshire's probate laws and regulations.
