Losing a member of your family is heartbreaking and difficult. It can be even more painful to deal with the probate process while also suffering through the grieving process. However, the issue of facing the probate process when you cannot find your loved one’s estate planning papers or will be extremely distressing. A will sets forth how your departed family member desires their property to be distributed and how they want their affairs settled. Losing your loved one’s estate planning documents and/or will often result in serious legal ramifications.
Where to Look for Your Loved One’s Will
Ideally, when a family member creates their will, they will have discussed their intentions and where they keep their will. Oftentimes, a copy of the will and other important estate planning documents are kept with their private attorney. Others keep their will with the individual they have appointed to administer their estate. You should start your search for these important documents with the decedent’s lawyer or the decedent’s immediate surviving family members. They might remember the decedent explaining where their will would be located. In addition, it would be a good idea to check any safety deposit boxes the decedent may have had with their bank.
If a thorough search still hasn’t led to the discovery of the loved one’s will, you could have the original will “admitted” in accordance with Ohio Revised Code 2107.26. This statute applies to lost wills and estate plan documents that have been destroyed or stolen. Under statute 2107.26, a probate court is able to “admit” a lost or stolen will when the following two conditions have been met:
- First, the person asking the court to recognize and admit the lost will must prove by “clear and convincing evidence” that the decedent executed their will with all requisite legal formalities and what the contents of the will were. In some circumstances, you might accomplish this by having the witnesses, who observed the testator draft and sign the will,l testify in court. Not only this but:
- Second, those opposing the admission of a lost, original will cannot show by a preponderance of the evidence (a lower legal standard than “clear and convincing evidence”) that the testator previously revoked the original will.
For example, if your family member original will was lost, you might be able to present the court with a copy of the will and present testimony of witnesses who can convince the court or make a “clear and convincing” argument that your family member did execute a will, that the will was valid, and the will’s contents are identical to those in the known copy. As long as no one else has evidence or a witness to show that your loved one revoked your copy of the original will before their death, the court will likely allow the lost, original will to be “admitted.”
Dawes Legal, LLC is Ready to Serve You
If you need help navigating Ohio’s challenging probate process, give Dawes Legal, LLC a call at (614) 733-9999. We have the experience you need to overcome many probate-related issues and challenges, and we can help you in administering your loved one’s estate.