Q: What happens if someone dies and all we can find is a photocopy of the will but NOT the original?

by | Jul 20, 2022 | Estate Planning, Q&A, Trust And Estate Administration |

A: In California, Probate Code Section 6124 states the general rule that if the original will cannot be located, there is a presumption that the will was intentionally destroyed. However, Probate Code Section 8223 allows a petition to be filed in order to bring forth evidence that the will was NOT actually destroyed but rather, that it was unintentionally lost.