Maricopa Arizona Declaration of Authenticity of Copy of Lost Will When Original Will is Lost - Lost Will

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State:
Multi-State
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Maricopa
Control #:
US-02164BG
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Description

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.

The Maricopa Arizona Declaration of Authenticity of Copy of Lost Will When Original Will is Lost is a legal document that provides a solution when the original will of an individual is misplaced or lost. This declaration ensures the authenticity and validity of a copy of the lost will, granting peace of mind to the beneficiaries and executors involved. In cases where the original will cannot be located, the Maricopa Arizona Declaration of Authenticity of Copy of Lost Will When Original Will is Lost acts as a substitute, allowing the copy of the lost will to be recognized as a legitimate testamentary instrument. This declaration serves as evidence that the copy is an accurate representation of the original will's contents. There are two types of Maricopa Arizona Declarations of Authenticity of Copy of Lost Will When Original Will is Lost: 1. Personal Declaration: This type of declaration is made by the testator (the person who created the will) themselves during their lifetime. The testator provides a detailed statement to certify the authenticity of the lost will copy, describing the circumstances of the original will's loss and affirming that the copy reflects their true intentions. 2. Affidavit of Witnesses: When the testator is deceased, this type of declaration is provided by witnesses who were present at the time the original will was executed. The witnesses provide testimony under oath, verifying the authenticity of the lost will copy and confirming that it accurately represents the testator's wishes. Both declarations require specific information to be included, such as the testator's name, date of execution of the original will, details of the lost will's copy, and a narrative explaining the circumstances of the loss of the original will. By utilizing the Maricopa Arizona Declaration of Authenticity of Copy of Lost Will When Original Will is Lost, individuals can ensure that their last testament and final wishes are upheld, even in unfortunate situations where the original will goes missing.

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FAQ

Arizona does not have a registry or database of Wills. The Will is typically kept with the person at his or her residence.

Filing a Will or Probate Case If you do not have the original will, you must file a Formal Probate. The Probate Filing Counter is located at 201 W. Jefferson in Phoenix, or at our Southeast location, 222 E. Javelina in Mesa, or at our Northwest Regional Court Center location at 14264 W.

How to Find Out if You're Named in a Will Wait for a call from the estate's executor. If the will is in probate, visit the county probate court, or county clerk's office. Try looking up the case online via the state's public access case-lookup system.

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.

Probate records, such as wills, claims, administrations, case files, and calendars are in the custody of the clerk of the superior court in each county courthouse.

Probate records, such as wills, claims, administrations, case files, and calendars are in the custody of the clerk of the superior court in each county courthouse.

If a copy of the original will exists, providing certain criteria are met it may be possible to obtain a grant of probate using that copy. It will be necessary to obtain a court order from the probate registry granting a personal representative permission to 'prove' a copy of the will rather than the original document.

Lost Will? Proving a Copy that the copy Will is a true and complete copy of the original. that the Will was executed correctly. the circumstances surrounding the loss of the Will. whether the Will was seen before death. whether the deceased spoke about the Will (believing it to be in existence).

A person who creates a will (a testator) can revoke it by destroying the original version that they signed. For this reason, the Probate Registry require additional proof of the testator's wishes if the original will cannot be found.

An original will stored by you is the property of the client and after the client's death, it is the property of the estate. You should store the original will until after the death of the client, or until you are able to return the original to the client.

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Maricopa Arizona Declaration of Authenticity of Copy of Lost Will When Original Will is Lost - Lost Will