PROBATING A LOST WILL IN NEW YORK STATE COURT
Crafting a Will is a cornerstone of the estate planning process and crucial to ensuring all your hard-earned assets go where they should. Unfortunately, it's all too easy to lose track of this important document as the years go by. If a loved one passed away but you can't find their Will, you could run into serious issues during the probate process. Losing a Will can be extremely frustrating, especially during an already emotional time while dealing with the loss of a family member.
If it cannot be found, the probate court may decide to disregard those wishes entirely. In cases where the Will was not revoked on purpose but was simply misplaced, it may be among your loved one's effects in a box, file cabinet, folder, or other location.
Every possible means of locating the original should be explored first, including:
Checking if there is a bank safe deposit box or a security box at the office
Reviewing financial statements to find the name of the law firm that drafted the will
Speaking with insurance agents, financial planners, or any other advisors who may know the location of the Will or the name of the deceased's estate planning lawyer
To use a copy of a lost Will, these three conditions must be met:
Establish that the original Will wasn't intentionally revoked by the deceased before death
Show that the Will was properly executed in the first place and signed in the presence of witnesses
Produce either a photocopy of the original or provide two witnesses who can attest that the contents of the Will being submitted are accurate
A lawyer can assist you in meeting those three criteria, but it's important to remember that the court may refuse to accept the copy, which is why it's best to exhaust all other options first in order to find the original.
If it is not accepted, the court will proceed as if the individual died intestate. That is, regardless of the deceased's specific wishes, a probate court representative will decide how creditors should be paid and assets divided among heirs. In that case, hiring an attorney is critical to defending your family's legal rights.
For further information or clarity you can contact Keving here: kevin@kmckernan.com or 718-317-5007