Setting up an estate plan that includes a will is a great way to ensure your family and loved one’s needs are met after you pass away. But what happens if your will is lost?
There are many reasons a will may be lost. It may have been destroyed in a natural disaster, such as a fire, someone might have accidentally thrown it away or it could simply be in an unknown location.
Regardless, a lost will does not mean your estate cannot be probated. However, the process is likely to be more complicated.
To settle an estate in New York, a valid and current will must be presented to the probate court. Without a will, you can still probate the estate, but you must present certain evidence.
Evidence to prove a lost will
Specifically, you must present evidence that the will was validly executed and was not intentionally revoked. You must have two credible witnesses to clearly and distinctly about the terms of the will.
The witnesses should be individuals who were present when the original will was executed. Two witnesses are necessary to execute a will in New York so ideally these same two witnesses can testify about the lost will.
If you have a copy of the will, but not the original will itself, you can present the copy. However, you must show that the terms are complete and accurate.
Avoid a lost will situation
Although a lost will does not necessarily mean your estate cannot be successfully probated, a lost will situation can be timely, costly and stressful.
You can avoid putting your loved ones through this by keeping your original will in a secure, fireproof location. Tell your chosen executor where your will is located. You might even choose to leave it with a trusted professional.
Have copies of your will made and kept in different locations. If your original will is lost, being able to present a copy is better than nothing at all.
