Is a copied last will and testament eligible? 7 Answers as of August 20, 2011

Is a copy of a last will and testament legal because the original is not found?

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Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
Generally a copy of a will is not valid and if the original cannot be found it is presumed to have been destroyed. There are exceptions to this and you may want to speak with a Florida Probate Lawyer to discuss if this would benefit you and what would need to be done.
Answer Applies to: Florida
Replied: 8/20/2011
The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
The personal representative will have to establish that the original Will was lost or destroyed unintentionally before the Will can be admitted to probate.
Answer Applies to: Florida
Replied: 8/20/2011
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
Under certain circumstances you may probate a copy of a Will. Contact a lawyer.
Answer Applies to: Oregon
Replied: 8/19/2011
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
A copy may be admitted to probate, but it is more difficult. I suggest that you consult an attorney on moving forward with a probate.
Answer Applies to: Nevada
Replied: 8/19/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
In California if the original will cannot be found, it is presumed the will was revoked. You can proceed with a copy under the lost will provisions of the Probate Code, but if anyone contests that will, it is your burden to prove that the will was not revoked.
Answer Applies to: California
Replied: 8/19/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
In Georgia there is a presumption that when the original is not found, the testator destroyed it and revoked the will, meaning the copy is not valid. In some cases, with good legal help, you may overcome that presumption and be able to probate a copy, so discuss the details with a lawyer.
Answer Applies to: Georgia
Replied: 8/19/2011
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