
What To Do With Your Will

What To Do If A Will Is Lost
In spite of best intentions, situations do arise where an original will is lost, or all that is found is a copy. When this happens, there are steps that can be taken, however difficult and expensive they may turn out to be. North Carolina law provides procedures for probating a lost will or copy of a will. With a copy, an affidavit by two subscribing witness, or one subscribing witness and the attesting notary public, can be used to authenticate the copy and have it admitted for probate. This works fine if these witnesses can be found, if they remember the event and are willing to sign an affidavit. In reality, the passage of time and mobility of people makes this method problematic to say the least. If there is no copy, application can be made to the Clerk of Court to prove the proper execution and contents of a lost will by other evidence. The other evidence would almost certainly have to include live witness testimony. This requirement could present a potentially insurmountable obstacle as well. Probating a lost will or copy of a will can be difficult and will be expensive. If the lost will or will copy cannot be probated, then the estate of the deceased will be administered under the rules of intestate succession. People make their wills and estate plans for good reason and avoiding an intestate estate administration is often a primary consideration. Executed original wills, trusts and estate planning documents are some of the most important documents in people’s lives. Taking the time and being intentional about the safekeeping of these documents cannot be over emphasized. If you have questions about wills, trusts or other estate planning issues, please contact The Doyle Law Offices, P.A. today. We have been representing clients with their estate planning needs since 1995 and would be honored to be of assistance to you and your family.Please call us today at 919-228-4487 to discuss your will needs.