Lost Wills in Oklahoma
In today’s post, we’ll go over what happens when an original Last Will and Testament is lost and why it’s so important to keep yours in a safe place. Read on the learn more!
When an original Will is submitted to probate in Oklahoma, the court automatically presumes that this original Will is valid. This presumption means that the original Will's validity does not have to be proved in court. But what happens when the original Will isn’t found?
When the original Will is lost, the lost Will may be admitted into probate in Oklahoma if the following components are proved:
The Will was originally validly executed and witnessed;
The Will was in existence at the time of the testator’s death or was fraudulently destroyed during the testator’s lifetime; and
At least two credible witnesses must establish the contents of the Will.
Let’s discuss two major components of these requirements: the existence and contents of the Will.
It first must be proven that the Will was in existence at the testator’s time of death. The “testator” is the maker of the Will. A testator alone can revoke their Will at any time during their life. If the testator’s original Will is merely misplaced, resulting in a lost Will, the court requires proof that the testator did not intentionally revoke the Will. Next, the contents of the Will must also be proven. The contents refer to all of the terms and provisions contained within that make up the Will. Just as how the testator alone can revoke their Will, testators can also change the contents of their Will at any point in their lifetime.
It may be next to impossible to prove the existence and contents of a Will without a copy. If a copy of the testator’s Will is found, however, not all hope is lost! If a copy is located and all heirs and beneficiaries agree with the Will's terms and provisions, there is a good chance the court will admit the lost Will into probate.
To help your loved ones avoid this additional step in the probate process, be sure to keep your original Will in a safe place and tell a trusted family member or friend where it’s kept. Popular places to keep your original Will include a safe in your house or a safe-deposit box with your bank. If you need help proving a lost Will to the probate court in Oklahoma, our law firm is available to help. Contact us to get started!