Legal Question in Wills and Trusts in Arizona
Lost and Missing Will ARS14-3415
Arizona Probate. Copy of will is valid, now I Need to prove that it was unrevoked that the testor did not intend to destroy it by preponderance of the evidence. What evidence is convincing?
3 Answers from Attorneys
Re: Lost and Missing Will ARS14-3415
You will have to petition the court to admit the copy in a formal probate proceeding, which means an evidentiary hearing. I suggest you get an estate attorney to review all facts and represent you in that hearing. There can be a variety of circumstances and evidences depending upon the facts of your particular case. We do probate cases in all Arizona counties and offer free initial consultations; or speak to another attorney.
Best regards,
James D. Jenkins
Re: Lost and Missing Will ARS14-3415
you must present any written evidence and/or testimony of witnesses that will show the testator did not revoke the Will and that the copy is a true and correct copy of the Will actually executed. No one can tell you what that evidence is, it depends upon the circumstances of this case and what evidence is available to present to the Court.
Re: Lost and Missing Will ARS14-3415
Evidence will depend on the circumstances and cannot be determined without a lot of thought and a lot more facts, may of which you may not know at this time.