Can i use a conformed copy of a will to file for probate

Asked almost 4 years ago - Stamford, CT

I want to file for probate, can I use a conformed copy

Attorney answers (3)

  1. Michael S. Haber

    Pro

    Contributor Level 20

    Answered . I am a New York attorney and am not familiar with Connecticut state law, but I suspect that the court will require the actual original copy of the will. Similarly, it seems to me that failure to locate an original signed will create a presumption of revocation.

    The real question is why you would seek to file a conformed copy of the will, rather than the actual original will. The answer to that question is probably the very same reason why a conformed copy will not be acceptable.

    You should, of course, check with a Connecticut law.

    Good luck to you.

  2. Martin Mccann

    Contributor Level 7

    Answered . A lost will is presumed to have been revoked by the testator. If you file a conformed copy of the will with the appropriate Connecticut probate court instead of the original, the court will require you to rebut the presumption of revocation by clear and convincing evidence before it will be admited to probate. If there is insufficient evidence to rebut the presumption, then the conformed copy will not be admitted, and the decedent's estate will be administered under the applicable laws of intestacy.

    This answer is provided for informational purposes only. It does not, and is not intended to, constitute legal advice or form the basis of an attorney-client relationship.

  3. Jeffrey L Crown

    Pro

    Contributor Level 12

    Answered . I agree with the answers which the other lawyers provided. Generally, if the original will cannot be located, and if there is no satisfactory explanation, such as a fire, the will cannot be admitted to probate. However, if all of the people who would otherwise have a right to contest the will sign waivers of that right, the Probate Court may admit the will on hearing.

    I've had this come up twice in 37 years as an estate and trust lawyer. One time, we proved that the woman had the will in her pocketbook, which she then lost. That was a 2 day trial. In another, we admitted a will after a very brief hearing after all of the "heirs" had waived their right to contest.

    I hope that this is helpful to you.

    Jeffrey Crown

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