When someone passes away, the will plays an important role in dividing the assets. However, a missing or damaged will can create confusion and delay the probate process.
What happens if a will is missing?
Probate is the legal procedure that verifies a will and handles the estate of someone who has died. If a will is missing at this time, the court assumes that the person who wrote it (the testator) intentionally revoked it.
However, if the family believes the will accidentally went missing, they can try to prove its existence and contents. This step often requires providing copies of the will or testimony from people who saw the original. Witnesses who signed the will or those who were present during its creation can help confirm its validity.
If the court accepts the evidence, it permits the distribution of the estate according to the will. If no one can find a valid will, North Carolina’s intestacy laws determine the division of assets. These laws outline who inherits the property, typically favoring spouses, children, and close relatives.
How does the court handle damaged wills?
Damaged wills may still be valid, depending on the condition and circumstances. For example, if a will has water or fire damage but the text is readable, the court may still accept it. However, the court may require witnesses to verify that the damaged document matches the original will.
If parts of the will are missing or unclear, the court might use evidence to fill in the gaps. This evidence could include earlier drafts or testimony from those who knew the testator’s wishes. The goal is to honor the testator’s intentions whenever possible.
Many individuals take careful steps to safeguard estate planning documents because of the kind of stress and confusion that a lost or damaged will can cause. In any case, the family benefits by understanding North Carolina’s probate laws to ensure the fulfillment of their loved one’s wishes.