If my mother passed and left a Will but the original is lost, can a copy be filed?

The lawyer who drew up the Will for her has a copy. Her copy can not be found. Her lawyer states this makes the will void and the assets will have to be split. Is there a way to probate the copy that the lawyer has?

Asked on January 10, 2013 under Estate Planning, New York


Victor Waid / Law Office of Victor Waid

Answered 7 years ago | Contributor

Is the copy a signed copy of the will? If so, then the California statutes do provide a method of probating the copy will.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.