Question

Who could be legally responsible if a missing original will is mishandled?

The family found evidence of a will but cannot find the executed original or the person who may be holding it. The point I am trying to resolve is this: who could be legally responsible if a missing original will is mishandled?

Asked in Champaign, IL · Jul 21, 2026 · 1 answer

Answer
Soradin

Soradin

General information

Posted Jul 24, 2026

For the issue described here, probate courts usually prefer the original signed will, but a lost or missing original does not always mean the estate must be treated as intestate. For the issue described here, state law may provide a procedure for proving a copy, locating a deposited will, compelling a person to produce the original, or presenting evidence about why the original cannot be found. The burden and presumptions can differ substantially by state.

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