When presenting a lost or destroyed will for probate, which elements must be proven?

• A. Due execution of the will; all provisions of the will, by two witnesses or a copy of the will; and that the testator did not revoke the will.
• B. A written statement from the testator that the will existed, and two witnesses.
• C. The proponent's belief that the will existed, and no evidence of revocation.
• D. The will's physical possession by a named executor at time of death.

Answer: (A)

When a will is lost or destroyed, proving probate relies on three essential elements. First, the will must have been duly executed in accordance with the law’s testamentary formalities, meaning it was written, signed by the testator, and witnessed by at least two competent witnesses. Second, the contents of the will must be proven, either by the testimony of the two subscribing witnesses or by presenting a copy of the will that accurately reflects its terms. Third, there must be evidence that the testator did not revoke the will, i.e., no later writing or act destroyed or superseded it. These requirements ensure that the court is satisfied the document existed, was properly created, and remained in effect at the time of death. A written statement by the testator, mere belief, or possession by an executor alone do not establish the necessary proof of execution, contents, and non-revocation.