Fill and Sign the Objection to Petition for Probate Form

1 IN THE ___________COURT OF _______________ (County), __________________ (State) IN THE MATTER OF THE ESTATE OF ________________________ , DECEASED NO. ______________ (Name of Decedent) PETITION FOR PROBATE OF WILL AND GRANTING LETTERS TESTAMENTARY Comes now ___________________ (Name of Proponent of Will), an adult resident citizen of _______________ (Name) County, __________________ (Name of State), and files this, his verified Petition and would show unto this Honorable Court the following matters and facts, to-wit: I. That on or about _________________ (date), _______________________ (Name of Decedent) , an adult resident citizen of _________________ (Name) County, ______________ (Name of State) , departed this life, leaving a Last Will and Testament which was duly executed and witnessed on _________________ (date), said witnesses being _____________________ ________________________________________________ (Names of Witnesses), and a true and correct copy of said Last Will and Testament is attached hereto as Exhibit A. II. That at the time of her death, the said ______________________ (Name of Decedent), deceased, had a fixed place of residence in ________________ (Name) County, ___________________ (Name of State), and that this Court has full jurisdiction of the estate of the deceased. III. That Petitioner, _______________________ (Name of Proponent of Will), the ( relation, if any, e.g., son) ___________ of Decedent, was named and designated as the Executor to serve without bond by said Will; and Petitioner is above the age of twenty-one years and of sound mind and has never been convicted of a felony and that he is in all respects qualified to serve as Executor of said Last Will and Testament. IV. That at the time of the execution by the said ____________________ (Name of Decedent) , deceased, of said Last Will and Testament, she was above the age of twenty-one (21) years, of sound and disposing mind and memory and in all respects capable of making said 2 Last Will and Testament, and that said Last Will and Testament was duly witnessed by _________________________________________________________ (Names of Witnesses), and their Affidavits will be presented when the copy of the Will is presented to the Court. IV. The Decedent's original Will was lost when [explain circumstances such as the briefcase (in which the Will was being held) and laptop of the Petitioner was sto len out of his hotel room in (location and date)] ___________________________________________ ____________________________________________________________________________ ____________________________________________________________________________. V. From the time of the execution of said Will, and prior thereto, Petitioner had a close personal relationship with Decedent and during the time from the execution of said Will until her death, Petitioner managed most her business affairs. During that period of time, Decedent did not express verbally or in writing any intent to revoke the original Will. VI. Petitioner avers, upon his knowledge, information and belief, that __________________ (Name of Decedent), did not express any intention to revise her Will or change the disposition of her estate at any time after the original Will was executed on _________________ (date). WHEREFORE, Petitioner requests that this honorable Court enter an Order admitting to probate a copy of the Last Will and Testament of _______________________ (Name of Decedent) , dated _________________ (date). WHEREFORE, PREMISES CONSIDERED, Petitioner prays that on hearing of this Petition that said copy of said Last Will and Testament of _______________________ (Name of Decedent) , deceased, will be received, approved and admitted to probate in common form, and that Letters Testamentary shall be issued to Petitioner herein upon his subscribing to the oath as required by law. Petitioner further prays that bond shall be dispensed with as provided in said Will, and that an appraisal shall also be dispensed with by this Court. And if Petitioner has prayed for wrong and improper relief, then he prays for such other, 3 further and general relief as he may be entitled to in the premises, and as in duty bound, he will ever pray. Respectfully submitted, __________________________________ (Name & Signature of Proponent of Will) STATE OF ____________________ COUNTY OF ______________________ Personally appeared before me, the undersigned authority in and for the aforesaid jurisdiction, the within named _________________________ (Name of Proponent of Will) , who, after having been first duly sworn, stated on oath that the matters and facts set forth in the above and foregoing Petition are true and correct as therein stated. __________________________________ (Name & Signature of Proponent of Will) SWORN to and subscribed before me, this _________________ (date). __________________________________ Notary Public My Commission Expires: _____________________