Absolute Trust Talk

In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert explore the critical steps in getting a will admitted to probate. They explain why lodging an original, properly executed will with the county superior court is essential, and how witness testimony can authenticate the document. They also examine the pitfalls of relying on a photocopy—or finding out too late that the original has been lost or destroyed. Finally, they underscore the importance of keeping your estate documents organized to avoid future probate headaches. If you’re preparing your first will or need to update an existing one, don’t miss this critical conversation on ensuring your final wishes stand up in court.

Time-stamped Show Notes:

0:00 Introduction

0:40 When lodging the original will, did you know that you must submit the current wet-signed will to the county superior court (not an older or photocopied version).

1:48 Next, Kirsten and Jessica discuss how an attestation clause (witness statements under penalty of perjury) helps ensure the will is recognized by the court.

3:45 If your will is holographic (entirely handwritten), it requires an additional step: someone familiar with the testator’s handwriting must confirm its authenticity.

6:37 If only a photocopy exists, the court may suspect the original was revoked or destroyed—making it crucial to keep track of the original.