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Lost original will

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Zenniezou

Member
What is the name of your state? MN
Hi, I am named the executor in my dads will. He just passed away a month ago.I know I had his original will plus several copies. Somehow with all the stress and mess, I have misplaced the original. Anyone know if the court will accept a copy in MInnesota?
There are 6 adult children, no spouse and I’m confident no one will contest. I will, of course, call the lawyer on Monday. I’m just looking for someone to hopefully talk me off the ledge and tell me I didn’t screw up too badly.
 


adjusterjack

Senior Member
Condolences. Now step back from the edge because a copy might not be a problem.

While looking for an answer to your question I came across this how-to-do probate guide:

PRO1201.pdf (mncourts.gov)

Page 19 refers to filing a statement about a lost will and submitting a copy.

Minnesota Judicial Branch - GetForms (mncourts.gov)

Shouldn't be a problem if all your sibs agree that the copy is valid.

Google Minnesota probate and you'll find a lot of helpful resources.
 

stealth2

Under the Radar Member
Just adding my condolences for your loss. Be kind to yourself.

Call the lawyer (they likely have a certified copy). Just don't let them talk you into not doing it yourself (it sounds as though you're confident in your abilities and it's not a complicated situation). No point throwing money away if it's not necessary (no offense to the wonderful and dedicated attorneys volunteering their time here!).
 

Zenniezou

Member
Thank you! The lawyer who did the will was a one-man show and he retired a few years ago. I’ll try to track him down. I’m actually going to let a lawyer handle the whole filing thing. We want to put the house in a trust and give my younger brother lifetime residency (if that’s what it’s called) and I want his share of the cash to go into an account to pay the taxes and insurance. And since he has to do that voluntarily, I want an authority to explain to him how it works. This was relatively unexpected, even though he was 85 and it’s been hard. I appreciate your reply and help.
 

stealth2

Under the Radar Member
It's always hard, no matter how expected or not it is. It was unexpected with my Dad (really? At 90?), but more of a when, not if with Mom.

Well done wrt looking out for your brother.
 

Taxing Matters

Overtaxed Member
What is the name of your state? MN
Hi, I am named the executor in my dads will. He just passed away a month ago.I know I had his original will plus several copies. Somehow with all the stress and mess, I have misplaced the original. Anyone know if the court will accept a copy in MInnesota?
There are 6 adult children, no spouse and I’m confident no one will contest. I will, of course, call the lawyer on Monday. I’m just looking for someone to hopefully talk me off the ledge and tell me I didn’t screw up too badly.
In Minnesota, the person contending that a lost will was not revoked has the initial burden of proof to show that the will was not destroyed by the decedent. Specifically, the Minnesota Court of Appeals stated:

The proponent of a lost will must prove it was not revoked. This burden is one to go forward in the face of a common law presumption that a lost will possessed by a testator has been destroyed. Neither statutes nor appellate decisions in Minnesota impose on the proponent a burden greater than proof by a preponderance of the evidence.
The contestant must prove revocation, but evidence of loss of a will possessed by the testator switches to the proponent the burden to go forward with evidence. A prima facie showing of nonrevocation compels admission to probate unless it does not preponderate over evidence offered by contestant, who has the ultimate burden of persuasion on revocation.


In re Est. of Carlson, 384 N.W.2d 239, 241 (Minn. Ct. App. 1986). So the copy will be allowed if there is no contest to the will or, if there is a contest, you can get the copy admitted if you satisfy the court that it was more likely than not that the will was simply lost rather than destroyed. If someone files a contest to the copy, that's the point at which I think you'll really want a probate lawyer.
 

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