Statement of Contents of Lost, Destroyed, or Otherwise Unavailable Will (DHS-8349D)

Follow the instructions for (DHS-8349D) (PDF) to inform the court of the status of a will when the original will is not available.

This form is not necessary to file a probate action. This form is only used in circumstances where there is no original will, but there is a copy of the will, or its contents are known by another party. The party who provides the copy or knows what the will said will sign this form. This form is filed with the Petition for Probate with a Will (DHS-8349C), even though a physical copy of the will may not be available.

1. Fill in the header.

· Select your county name from the top left dropdown.

· Enter decedent’s (deceased person’s) name on the left.

· Enter the court district number in the top right. If you are unsure of your district, look up the court district.

· Since you are opening a new court file, you do not need to enter a file number.

2. Fill in the body.

· Enter the name of the person signing the form. The declarant is the person who has knowledge of the contents of the will.

· Enter the date decedent signed the original will at number 1. Check the box describing the circumstances.

· Check the appropriate box at number 2. If the contents of the will are known and there is not a copy, describe the contents in the blank.

3. Have the declarant (person who has knowledge of the contents of the will) date and sign the document and enter their name and contact information. Enter the county and state where the document is signed.