Probating Lost Wills: South Dakota Supreme Court Probate Case

A lot of times a will has to be kept for years before it is finally  admitted to West Palm Beach probate so it makes sense that sometimes its going to get lost. Can you admit a lost will to probate? The answer may surprise you, check out this case out of the Supreme Court of South Dakota.

Lost Wills

• In West Palm Beach when a careful and exhaustive search for an original will does not produce the will a presumption arises that the will has been revoked.
• Does that make sense?
• That does not mean that you cannot attempt to prove the will.
• The proponent of that will though has the burden to overcome the presumption that it was revoked.
• How are you going to do that?
• The standard needed is rather low.
• All you have to do according to statute is show reasonable evidence that satisfies the West Palm Beach trial court that the will had not been revoked.
• Still what does that mean?
• How can you prove that?
• There is no pre-set rules of what you have to show, the question is just after you do so can the court be reasonably satisfied that there was a valid will.
• How would you prove this?
• Check out what one litigant did in South Dakota, it ended up going to the highest court in the State the Supreme Court of South Dakota.

In re Estate of Deutsch

• The wife of the decedent wanted an informal intestate probate.
• Do you know what that means?
• Basically she was saying there were so few assets formal probate was not necessary and also there was no will.
• A nephew disagreed and stated that the lost will should be admitted to probate.
• How did he prove its existence with reasonable certainty to the court?
• It was not as complicated as you may think.
• The nephew offered evidence of the ongoing relationship between him and the decedent.
• He specifically proffered testimony about a conversation with the decedent regarding certain real estate transfers that he said would be forthcoming on his death.
• In other words he had not revoked the will, he thought it was around and valid.
• Do you think that is enough evidence?
• The courts in South Dakota sure did because the nephew prevailed.

Want to learn more?

Check out the entire case by clicking here.