This pamphlet provides an overview on dealing with a lost will of a deceased person. Topics covered include suggestions for locating the will, how to probate a copy of a lost will, and how to prove the contents of a lost will.
Oregon USLegal Pamphlet on Lost Wills
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If your will was simply lost or accidentally destroyed, it still reflects your wishes. A copy of the will can be submitted to the court, and the court may (but does not have to) open a probate based on that copy.
Contact the probate court in the counties where the deceased lived to determine whether the will was registered. Contact a probate attorney for help. These attorneys have access to networks of other probate attorneys in the state, one of whom may have the will you are looking for.
Generally, if you made a will in another state according to the laws of that state, it is also valid in Oregon. This is also true if you created a trust in another state.
Your will must be in writing and must be signed by you and two witnesses. Some people cannot serve as witnesses to your will. It is important to make sure that all of Oregon's legal formalities are carefully observed.
If a Will has been lost, there is a presumption it was revoked by destruction by the maker. However, it may be possible to deal with the estate even if the Will cannot be found or produced. An application can be made to the probate registry for an Order allowing probate using a draft copy or reconstruction of the Will.
Go through any paperwork you can find and make a note of any law firm or bank that the deceased has had dealings with. Write to those organisations and ask if they have the Will. If they do, and you have been named as an Executor, then you have the right to collect the Will.
In Oregon, you must be at least 18 years old and of sound mind to make a will. If you are married or emancipated, you can make a will before you turn 18. Your will must be in writing and must be signed by you and two witnesses. Some people cannot serve as witnesses to your will.
How to find a willSearch the house. It sounds obvious, but the first place you should look is at the deceased's home, as many people store their will (or a copy of it) in their home.Ask their solicitor.Ask their bank.Carry out a will search.09-Dec-2019
Who keeps the original copy of a will? If the executors of the estate have successfully applied for a grant of probate, the Probate Registry will be in possession of the original will. If the grant isn't needed, then the executors will hold onto the original will themselves.
A copy will can be admitted to probate in the right circumstances. In some circumstances, an application to admit a copy will or, even, the terms of a will recounted in the form of witness or affidavit evidence, can be made to the probate registry.
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