I only have a copy of the will for my Father, cannot locate the original, now what?
3 Answers from Attorneys
You should contact a probate attorney. If no original of the will exists the court MAY accept a copy. Depending on the assets at issue, a Probate action will likely be required and the Personal Representative will need legal representation during the process.
It is possible that someone else has the original, and if so then that should be provided to the court. In any event you should consult with a probate attorney to determine the next steps.
The court should accept it with an explanation. Who prepared it?
You can try to probate what you have and notify all appropriate parties. There is a presumption that a missing original means it was destroyed. The provisions in the will you have will be part of the facts the court will utilize to determine whether it is probated or not. If not, then property would pass by intestacy, without a will per statute.
Related Questions & Answers
MY GRANDMOTHER DIES AND MY FAMILY ISN'T TALKING TO ME. mY NOW DECEASED FATHER WAS... Asked 7/23/13, 8:19 am in United States Florida Probate, Trusts, Wills & Estates
Do i have any legal rights to any of the 250000 dollars that she got from a life... Asked 7/22/13, 8:53 pm in United States Florida Probate, Trusts, Wills & Estates
What can i do with executor of will that will not acknoledge me at all? Asked 7/22/13, 11:08 am in United States Florida Probate, Trusts, Wills & Estates
How do you find an attorney's paperwork who did a will, now he is out of business? Asked 7/22/13, 10:55 am in United States Florida Probate, Trusts, Wills & Estates
I have several bank and brokerage accounts all of which have up to date beneficiary... Asked 7/15/13, 10:57 am in United States Florida Probate, Trusts, Wills & Estates