What if someone destroys a will?
Courts presume, barring contrary evidence, that a lost or destroyed Will was revoked by the testator (the maker of the Will). After such proof, the probate of the lost or destroyed Will proceeds as if the original had been presented to the court. RCW 11.20. 070.
Can a copy of a will be found?
Each state has its own laws as to when a copy is acceptable if the original cannot be found. Very often when an old original cannot be found, it is because the person made a later will. Other times the person decided that he or she did not want the will to take effect and just destroyed it.
What happens if someone dies and their will is missing?
The reality is that matters like this are often settled, with some sharing of the estate between the claimant named in the “lost will” and the heirs at law. One key issue will be how serious both sides appear and how hard they are willing to fight.
What happens if you can’t find the executor of a will?
This will provide the legal entitlement for the persons seeking to take over the role and actions of the previous executor.
What happens when a will is found after probate?
A deceased person’s assets and estate will be distributed depending on whether they left a will or not. Though the process will be different, the end result will be the same:
What happens if someone is named in a will?
A will also names an executor who will be in charge of guiding the estate through the probate process. It will most likely name a guardian or guardians to raise a couple’s minor children if they have any and they should die in a common event. Most individuals will learn that they’re named in the will because they’ll receive a copy of it.
What happens if a missing heir is not found?
After that period of time expires and the missing heir has still not been located, the inheritance will go to the next beneficiary in line to inherit under the state’s intestate succession laws. Usually, the next heir in line is the missing heir’s next of kin, such as any children.
What happens if there is no will and no beneficiaries?
If there is no will or it can’t be found, the person must make every effort to locate it and show the court you made the attempt. If the will is old and the beneficiaries have passed away or can’t be located, that will still must be filed if a more recent one hasn’t been found. Not filing a will does not allow you to avoid probate legally.
What happens if an estate does not go through probate?
If an estate doesn’t go through probate and it is a necessary process to transfer ownership of assets, the heirs could sue the executor for failing to do their job. The heirs may not receive what they are entitled to.