Is The Copy Of a Will Legal?



Is the copy of a Will legal? No, you cannot have introduced into the probate court a copy of a Will. You must produce the original Will of the decedent in order for it to be admitted to probate. If you cannot locate the original Will and it was last in the possession of the decedent, it's presumed revoked. Sometimes folks say, well, I'll have signed two originals that way. I'll leave one with a lawyer and I'll take one. Well, in that instance, you have to account for both signed copies or again, it's presumed to be revoked. Many of my clients like to leave the original Will in my office, not provide them with a copy so that if their copy is lost or if I even lose the original, it's not presumed revoked because it was not last in their possession. So, with an original Will, it has to be presented to the court and must have to be proved by warrant of the witnesses who testified before the clerk that it was signed and the presence of both witnesses and the decedent and declared to be the last Will and Testament. That's called approval. And that's the reason why Wills are notarized and that that's a self-proving Will. So the proof is done at the same time. The Will assign, but a Will does not have to be notarized in order to be effective. If you have any questions about Wills, give me a call at (727) 847-2288.