What happens if a will cannot be found?

Missing wills raise all sorts of interesting legal issues which often turn on the specific facts and circumstances, and the law of the state in which the deceased resided. The will may be missing because the deceased intentionally revoked it, in which case, depending on state law, an earlier will or the state’s rules on interstate succession would determine who gets the deceased’s estate. The Will may be missing because it can be proven the will was stored in a cabinet in a house that was destroyed by fire. In that case the probate court may accept a photocopy of the will, together with evidence that the deceased duly executed the original with the required witnesses present.


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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.