Wednesday, February 25, 2015

Original wills

When you see a will recorded in a county will book do you also check the loose probate packets?  After the person died the executor brings the original will to the courthouse to be proved.  The original witnesses (if still able) sign affidavits swearing to the validity of the will.  The copy that the executor has is the one the deceased actually wrote (or his agent wrote for him).  This will is filed with the loose papers and is separate from the Will Book where the clerk made a handwritten copy of the will.

My person of interest’s will was recorded in the county will book.  Some time after that the will book was damaged and an inch or so of the right side of the paper is missing.  I found the original will in the loose probate packets, intact. Another thing the original has that the clerk’s copy doesn’t are the original signatures.

I have another example where there wasn’t a will in the will book and it appeared as though the person died intestate.  I found the will in the loose probate packets.  Apparently the will was never recorded in the will book by the probate clerk but was presented after the person died for probate.

 

Copyright © 2015 Michele Simmons Lewis

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