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February 22

A Will Contest in a Summary Administration with Original Codicil Destroyed

Written by Thomas Upchurch , , ,

Do you know a loved one whose estate planning documents disappeared due to one of the family members being left out of the Last Will and Testament and/or Codicil who had access to the documents?

It happens more than you think. Through research, I found a case in which the excluded child filed the initial Petition for Summary for Administration and claimed there was no Last Will and Testament and/or Codicil. The original Petitioner filed a Petition for Summary Administration – Intestate.  It’s possible that he destroyed the originals.

Good news is that the decedent’s sister (a disinterested party) had copies of the estate planning documents which included a Codicil. One of the beneficiaries named in the Last Will and Testament and Codicil filed the older Original Will, Original Last Will, Copy of the Last Will, and a Copy of the Codicil to the Last Will with the Court then filed an Amended Petition for Summary Administration – Testate.
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