Can you probate a will if you do not have an original copy of it?
It's not often that you have to worry about the original copy of a will—most people keep them somewhere safe, like a box in their home, and the only time you need to worry about it is when it gets lost or damaged. In those cases, can you still probate the will?
In most states, yes. You can probate a will even if you don't have its original copy as long as some form of the document is available. That form can be photocopied or scanned, as long as it's an exact replica of what the original looked like. It's important to note that this is only true in most states—some states require that the original must be presented to probate the will, so you'll want to check with an attorney in your state or ask whoever gave you the document if they have the original.
Some state’s probate courts are not allowed to accept wills that are not original copies. A person can ask a judge if they can use an original copy or if they can testify under oath what the will says and sign a statement saying he or she remembers what it said. The problem comes in when a person has lost an original copy of the will, or if a person's memory fails them. In those cases, there is no proof that the will existed in the first place.
In other states, the original will does not need to be provided to the court in order for the will to be probated. However, if a copy of the will is not available, you must explain why it cannot be provided. This can be done in a number of ways. You can testify at a hearing before the judge that you have searched for the original, and it cannot be located. If you are concerned about confidentiality, you can provide a detailed affidavit instead of testifying in person. Regardless of how you provide information regarding your inability to locate the original will, you must also provide an explanation as to how you know that this is the last will of your loved one.
If you have any questions or in need a Will and Probate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
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Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
