Legal Question in Wills and Trusts in Massachusetts
propbate
can a copy of a will be probated if the original can not be found
2 Answers from Attorneys
Re: propbate
There are times when a copy of a will can be probated instead of the original. It requires documents filed with the court to explain why the original can not be located and giving all interested parties the opportunity to object and claim that the original was intentionally destroyed.
Re: propbate
In some cases, yes, in others, no.
The answer depends upon facts and circumstances surrounding the will, who was last in possession of it, and if there individuals with personal knowledge of the circumstances.
The law does have certain presumptions which may need to be overcome, but again, it will depend.
If the outcome is important, you should contact an attorney promptly, because rights not timely exercised may be lost.