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This is a complicated question and the answer depends upon the state where probate is to take pace. In New Jersey, and perhaps in most other states, a lost or destroyed will may be admitted to probate under certain conditions. You cannot use the usual simple administrative procedure to probate the will. You will have to take the matter into a regular court with live witnesses to prove basically two facts: that a will had been executed at one time and that it was lost or destroyed inadvertently. When a will is not found among the decedent's personal things, there is a presumption that he destroyed the will with the intent that it be revoked. It is not easy to overcome that presumption. You will probably have to retain a lawyer to do all the court work.
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File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
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