Ask a Lawyer - Archive

If I've been appointed as an administrator by the surrogate court of my fathers estate and the "the will or the copy of the will surface." What would happen to me as administrator and what are the chances that the copy of the will can be probated? Please, please, help I've posted here before but cannot find an answer.

Your question is not clear. If you have been appointed temporary administrator while the search for the will goes on, then once the will is found the person named in the will would be appointed permanent executor. If you have been appointed permanent administrator, then if the will turns up, the administrator would probably be appointed administrator c.t.a., which means "WITH THE WILL ANNEXED" and the administrator would be bound by the will.

The problem with probating a missing or lost will is that the petitioner for letters must prove that the testator did not destroy the will. For example, if a lawyer kept custody of the original will and it cannot be found when the time comes to probate it, the inference would be that the testator did not intend to destroy the will. Your chances of probating a lost will are less than 50%.