While you’ll create your will while you’re still alive, it will be one of your loved ones sorting through your paperwork to find it once you pass away. If you have multiple documents or it’s not easy for them to find, it’s easy to make mistakes about what the existing will includes or if it’s the most recent version.

Storing only the most recent version of your will makes it simpler for your personal representative to be completely clear that they have the right version. Previous wills should ideally be destroyed.

If you’re keeping copies of old wills as possible evidence that your executor might need if a family member comes forward with those older wills, sort them by date with the newest at the front. You might even leave behind a letter for your executor stating that there are previous but invalid versions of your will if you are concerned about the possibility of a will contest. If you’re the executor right now, check the dates on all the wills. If they all include a statement about revoking prior wills, the most recent one is the accurate one.

If you find a will that has handwriting on it, such as notes in the margins, this might be notes for editing. See if you can contact the estate planning lawyer who helped your family member draft the will. If you can only find a copy of the will, keep searching. You’ll want an original to submit to probate court.

If no valid version of the will can be found intestate succession rules might apply.

Understanding Wills and Estate Planning

A will is a crucial part of estate planning, allowing individuals to dictate how their assets will be distributed after their passing. Estate planning documents, including wills, trusts, and powers of attorney, help ensure that a person’s wishes are respected and their loved ones are protected. A valid will is essential for avoiding disputes and ensuring that assets are distributed according to the deceased person’s intentions. It’s essential to understand the basics of wills and estate planning to make informed decisions about one’s own estate.

Revocation of a Will

A will can be revoked in several ways, including by subsequent instrument, complete destruction, and revocation by operation of law. A new will can revoke an old one, but it’s essential to include language that expressly states the desire to revoke all prior wills. Complete destruction of a will, such as tearing or burning it, can also be an effective method of revocation. Additionally, certain events, such as divorce or marriage, can automatically revoke a will or create a presumption of revocation. It’s crucial to understand the laws regarding will revocation to ensure that one’s wishes are respected.

What If the Will Is Gone or Marked Up?

If a will is lost or marked up, it can be challenging to determine its validity. In such cases, surviving family members may disagree about who marked up the will or whether it was intentionally destroyed. Witnesses or a handwriting expert may be needed to determine the will’s validity. If the original will cannot be found, most courts will presume that the will-maker intentionally destroyed it. However, evidence may be needed to convince a court to admit a copy of the will to probate. A probate attorney can provide guidance on navigating these complex situations.

Searching for a Newer Will

If multiple wills exist, it’s essential to determine which one is the most recent and valid. A will may begin with a sentence stating that it revokes all previous wills and codicils. If multiple wills contain language like this, the newest will is presumed to be the one in force. However, the validity of the will may be affected by other estate planning documents, such as trusts or powers of attorney. Searching for a newer will requires a thorough examination of the deceased person’s property and estate planning documents.

Probate Court and the Will

Probate court plays a crucial role in determining the validity of a will and ensuring that the deceased person’s assets are distributed according to their wishes. The probate process involves filing the will with the court and providing evidence of its validity. A probate attorney can guide the executor or beneficiaries through the probate process and help resolve any disputes that may arise. Understanding the probate process and the role of the probate court is essential for navigating the complexities of wills and estate planning.