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the person named in said will as execut........ and consents to act as such execut........

That ...... thereof resides at ....................... [or, refuses to act, etc.]

That the names, ages, relationships and residences of the heirs, devisees and legatees of said decedent so far as known to your petitioners are as follows: [Conclude as in No. 15.]

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17. Petition for Probate of Lost or Destroyed Will.

[Title.]

[Use No. 16 to *, and continue:]

That at the time of the death of said .....

as

said

..............................., as aforesaid, there was in existence a last will and testament signed and executed by said decedent and attested by ........... and witnesses thereof; but since the death of the said will has been unavoidably lost [or, spoliated or destroyed]; and said will was never revoked, changed or modified by its said maker prior to his death.

A copy of said will is hereto attached, marked "Exhibit A❞ and made a part of this petition, and the provisions thereof should be established and accepted by this court as, and for, the last will and testament of said decedent.

.............

............

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That the person named in said will as execut.... thereof, resides at [That last named execut.... was, at the term of the ... court of the County of....... in the State of on or about the day of............, 19...., convicted of the crime of............ and sentenced to imprisonment and hard labor in the penitentiary for years and served the said term, or, has been adjudged by the court incompetent to execute the duties of his said trust by reason of drunkenness, improvidence, want of understanding, lack of integrity, etc.-Or, if the executor named is in any other manner disqualified; or, if he refuses to act, or dies before he receives his letters, etc., here state such facts.] Therefore, the said execut.... named in the will cannot qualify for the duties of that office.

That the names, ages, relationships and residences, respectively, of the heirs, devisees and legatees of said decedent known to your petitioners are as follows. [As in No. 15.]

Wherefore your petitioners pray that a day be fixed for hearing this petition; that notice thereof be given as required by law; that' upon the final hearing hereof the foregoing testamentary provisions and dispositions be accepted and established as the last will and testament of the said ............, deceased; that said will be admitted to probate; and that letters of administration with the will annexed [or, letters testamentary, if the execu

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18. Petition for Probate of Will, Allowed in Another State or Foreign Country.

[Title.]

To the Hon.,............, Judge [or, Surrogate] of said Court:
Your undersigned petitioner.... respectfully allege:

That one ...., late of the County of ............. in the State of departed this life at ........., leaving a last will and testament which was proved and probated in the

court ....... day

of the county of in the State of ............, on the of............, 19..., as appears by a copy of said will and the probate thereof duly authenticated, now produced and herewith presented by your petitioners for inspection and consideration. [Or, if the will was executed, proved and allowed in a foreign country and letters testamentary there issued, together with the certificate and attestation, state the facts accordingly.]

That said testator left property in this first above named County of............ in the State of the general character, description and probable value of which are as follows: [As in No. 16.]

That the names, ages, relationships and places of residences, respectively, of the heirs, devisees and legatees of said decedent known to your petitioner, are as follows: [As in No. 15.]

That.... .............. the person named as Execut........ in said will resides at............, and consents to act in such capacity for the purpose of administering upon the property above mentioned in this said County of............ in the State of

.............

Wherefore your petitioner prays that a day be appointed for hearing this petition and that notice thereof be given according to law, and that upon the final hearing the authenticated copy of said will be admitted to probate, and the last will and testament of said............, deceased, therein expressed be recorded as proved, and that letters testamentary thereon be issued to

Respectfully submitted this

[Signature of attorney]

............

........ day of ......., 19.....
[Signature of petitioner.]

19. Certificate to Copy of Will, to Probate Thereof in Foreign Court, Etc. State of

......., County of ......, SS:

I, ............, Clerk of the... Court of said County, a court of record with an official seal and having exclusive original jurisdiction of all matters probate and testamentary in said county, do hereby certify that the foregoing will and letters hereto annexed are, respectively, a true, full and correct copy of the original last will and testament of ............, deceased, late of said county, as said will was admitted to probate by and recorded in said court, and a true, full and correct copy of the letters testamentary issued thereon in the said ........... court; that said will was duly proved and letters thereon granted in said court in accordance with the laws of the State of ............, and said letters remain in full force.

In witness whereof I have hereunto set my hand and affixed the seal of said court, at the city of..... in said county ...... day of ............, 19.....

this

[Clerk's signature, and seal.]

[Attach copy of will and copy of letters testamentary, together with the authentication, No. 20.]

NOTE: If the certificate be from a foreign country the above certificate should be modified to meet the requirements.

20. Authentication of Officer's Certificate to Foreign Will, and to Letters Thereon.

court of

............

State of............, County of ............, SS : I, sole presiding judge of the county in the State of ............, do hereby certify that ......., whose name is subscribed in and to the foregoing certificate of and to copy of will and letters testamentary to said certificate attached, now is, and was, at the time of signing and sealing said certificate, the Clerk of said court, and the keeper of the seal and records thereof, duly elected and qualified to office; that full faith and credit are, and of right ought to be, given to all his official acts, as such, in all courts of record in the United States and elsewhere; and that his said certificate is in due form of law and by the proper officer.

Witness my hand and the seal of my said court in the county first above named, this ........... day of ............, 19.....

I. P. F.-2

[Signature and seal.] Judge of the ............ Court of

21. Order for Hearing Petition for Probate of Will.

[Title.]

Now on this ............ day of ............, 19...., one ............ having filed in this court an instrument of writing purporting to be the last will and testament of.........., deceased, with a petition that the same be admitted to probate as and for the last will and testament of the said decedent, and that letters issue

to

It is hereby ordered by the court that the.......................... day of ...... 19...., (............) be, and is, appointed the time for hearing the said petition, said hearing to be at the court room of this court at in the said county of...........; and any person interested in said matter may then and there appear and contest said will and make and file objections in writing to the granting of each and every request contained in said petition.

It is further ordered that notice of the time and place appointed for the hearing of said petition, as above set forth, be given to all interested parties to said will and to the estate of said decedent, in the manner provided by law in such cases. [Or, specify the exact manner in which the notices shall be posted, mailed, published and served.]

[Signature of judge or surrogate.]

22. Appearance and Waiver of Summons on Hearing Petition for Probate of Will.

[Title.]

............

day of....

19....,

Whereas, in the above entitled matter in the above named court, on the produced and filed in said court an instrument in writing purporting to be the last will and testament of, deceased, and also filed in said court............. petition praying for the probate of said will and that letters testamentary [or, letters of administration with the will annexed] issue thereon to ............. as the execut........ of said will [or, as administrator with the will annexed]; and,

Whereas, pursuant to an order of said court made on the day of ................................, 19...., the time for hearing said petition for day of ................................, 19....,

proving said will was fixed as of the

and the place of said hearing was designated as at the
court room in the city of............ in the County of
State of

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Now, therefore, comes the undersigned, to be an heir at law [or, a legatee] of said decedent, and hereby

waives the issuance and service of summons and notice herein relating to said hearing, enters h........ general appearance in said above entitled matter in said court for all purposes, and especially for the purposes mentioned in said petition, and, further, consents that said petition and every plea and motion relating thereto may be set down for trial and disposed of at any time.

[Signature of heir or legatee] [Acknowledgment, as in No. 6.]

23. General Notice of Hearing Petition for Probate of Will.

[Title.]

The People of the State of

To ........ and All Persons Interested in the Estate of

Deceased, Greeting:

Notice is hereby given that, on the

day of, 19....,

............ as

there was produced and filed in the above named ..... ............ Court of the County of............ in the State of..... an instrument in writing purporting to be the last will and testament of............, deceased; and on last said date a petition was filed in this court in the above entitled cause, signed by ............, praying for the probate of said will, and that letters testamentary [or, letters of administration with the will annexed] issue thereon to execut............ [or, as administrator, etc.] thereof. And, pursuant to an order of this court made in said matter on the of............, 19..., the time appointed for the hearing of said petition and proof on said will is the.... ...... day of..........., 19..., at the hour of ............ o'clock, ..... M., said hearing to be had at the court room of this court in ............, at which last said time and place all persons interested in said estate may appear and show cause, if any, why said will should not be admitted to probate and why letters ............ should not be issued to the said ..............

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In witness whereof I have hereunto set my hand and official seal, at ............., this ............ day of ............, 19.....

[Signature of clerk, judge or Surrogate, and seal.] 24. Acknowledgment of Service of Notice or Summons. [Title.]

Comes now the undersigned, who claims to be interested in the estate of deceased, and who hereby acknowledges service of the within and foregoing summons and notice issued out of the above named court in the above entitled cause. The receipt of a copy of said notice and summons is also acknowledged by the undersigned.

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