How do I prove a will?

[redngold]

What is the name of your state (only U.S. law)? CA

How do you prove a will, when the witnesses have both died? This is for a will that was drawn 38yrs ago. Apparently the proper verbiage wasn't used, making it self proving.

 

[latigo]

What is the name of your state (only U.S. law)? CA

How do you prove a will, when the witnesses have both died? This is for a will that was drawn 38yrs ago. Apparently the proper verbiage wasn't used, making it self proving.

Proof of the handwriting by the testator. Plus either proof of the handwriting of one of the subscribing witnesses, or an affidavit of a person with knowledge of the circumstances of the execution. (Cal. Probate Code Div. 7, Part 2 Opening estate administration section 8221)

 

[redngold]

What is the name of your state (only U.S. law)? CA

How do you prove a will, when the witnesses have both died? This is for a will that was drawn 38yrs ago. Apparently the proper verbiage wasn't used, making it self proving.

And one more question for you all,

I am being asked to prove the will and submit a lost will declaration, even though I submitted the original with the petition for probate. I don't understand this.

 

[adjusterjack]

I am being asked to prove the will and submit a lost will declaration, even though I submitted the original with the petition for probate.

WHO is asking you to do this?

And under what circumstances?

Were you nominated as executor?

Have you filed the will with the court and got your papers appointing you representative or executor of the estate?

What is your relation to the deceased?

 

[redngold]

WHO is asking you to do this?

And under what circumstances?

Were you nominated as executor?

Have you filed the will with the court and got your papers appointing you representative or executor of the estate?

What is your relation to the deceased?

Yes, I am the executor, and am the daughter of the deceased. The court approved my petition for probate but is requiring the lost will declaration and proof of will. I don't understand the lost will declaration since I filed the original will with the court.