Legal Definition
The petition for probate of a lost or destroyed will shall include a written statement of the testamentary words or their substance. If the will is proved, the provisions of the will shall be set forth in the order admitting the will to probate.
Basic Definition
Section 8223: The petition for probate of a lost or destroyed will must include a statement of the testamentary words or their substance. If the will is proved, the provisions will be stated in the order admitting it to probate.
In-Depth Overview and Use Cases
Section 8223 of the California Probate Code addresses situations where a will is lost or destroyed. This section provides a procedure to petition for the probate of such a will by presenting the substance of the testamentary words in a written statement. This is particularly relevant when the original will cannot be found or has been accidentally destroyed. Courts rely on the testimony or written documents that reflect the decedent’s intent as expressed in the lost or destroyed will. It is often used when heirs or interested parties argue over the validity or contents of a missing will, and the court must decide whether the provisions should be honored based on a reconstructed version.
Application & Relevance
Probate attorneys often deal with cases involving lost or destroyed wills, where Section 8223 provides a framework for reconstructing the decedent’s wishes. The section is crucial in probate litigation when the original will is unavailable, as it ensures that the decedent’s intent is preserved through secondary evidence, such as copies, testimony, or written summaries. This section’s application helps attorneys present their case when the will is contested, or critical evidence is lost, thereby guiding the probate process and minimizing delays.
Legal Scenario
Probate Estate
Probate Code Impact
A petition for the probate of a lost will requires the presentation of a written statement outlining the substance of the decedent’s testamentary intent, allowing the estate to be administered even without the original document.
Legal Scenario
Trust Disputes
Probate Code Impact
In cases of trust disputes, Section 8223 can be pivotal when a lost will, vital to the trust’s formation, alteration, or funding, needs to be reconstructed from testimony or secondary documents to resolve issues around validity.
