Detailed Answer — How Minnesota treats a lost or destroyed will

When the original will cannot be located or has been physically destroyed, Minnesota probate courts follow statutory rules and established procedures to decide whether the testator’s last wishes should be given effect. The key issues the court will consider are:

1. Was the will intentionally revoked?

   If the testator destroyed or cancelled the document with the intent to revoke it, Minnesota treats that act as a revocation. A physical act such as burning, tearing, or otherwise destroying a will will create a presumption that the testator intended to revoke it. That presumption can be rebutted by evidence showing the testator did not intend revocation.

2. Can the contents of the will be proved even without the original?

   Minnesota allows a will that cannot be produced to be offered in probate if the person seeking admission proves two things: (1) the will was duly executed (that it is the testator’s valid will), and (2) there is a satisfactory explanation for why the original cannot be produced. Courts commonly require convincing evidence from witnesses, copies, or other admissible proof about the will’s contents and the circumstances of nonproduction. For the statutory text and procedure, see Minnesota Statutes, chapter 524 (probate code) and in particular the provision addressing nonproduction of wills: https://www.revisor.mn.gov/statutes/cite/524.2-507.

3. What evidence will the court consider?

   Typical evidence the court relies on includes:

   • Testimony from one or more attesting witnesses who remember the execution and the will’s contents.
   • Copies of the will (typed duplicates, photocopies, or digital copies) and testimony establishing the copy accurately reflects the last will.
   • Testimony or documents showing the testator’s statements or other behavior confirming the will’s terms and whether the testator intended revocation.
   • Evidence about whether the testator had motive or reason to revoke the document.
4. Procedural steps in probate court

   Someone (often a family member, a nominated executor, or a creditor) files a petition to admit the will. The petitioner must present evidence supporting due execution and explaining why the original is not available. The court will hear testimony, examine copies and affidavits, and decide whether to admit the will under the statute. If the court admits the will, it issues letters testamentary or equivalent authority to administer the estate. If the court determines the will was revoked, the estate will pass under an earlier valid will or under intestacy rules.

5. Contests and standard of proof

   Heirs or other interested parties can challenge admission. Because the absence of an original raises concerns about fraud and authenticity, courts look for clear and convincing evidence before admitting a nonproduced instrument as a will. Interested parties can cross-examine witnesses and introduce conflicting evidence.

For the governing Minnesota probate rules, see the Minnesota Statutes and consult the probate court information on the Minnesota Revisor of Statutes website: https://www.revisor.mn.gov/statutes/cite/524.2-507 and the broader probate chapter at https://www.revisor.mn.gov/statutes/cite/524.

Short example (hypothetical)

Suppose Sarah named her brother as executor in a will she signed with two witnesses. After Sarah’s death, the original will can’t be found. There is a clean photocopy of the will and both witnesses testify they saw Sarah sign the original in their presence and that Sarah talked about those exact provisions afterward. No one produces evidence that Sarah intentionally destroyed the will. Under Minnesota law, a court could admit the copy and treat the photocopy as evidencing Sarah’s last will, allow probate, and authorize the nominated executor to administer the estate.

Important: If, alternatively, someone produces a torn will with marks of deliberate cancellation and other proof that Sarah destroyed it, the court could find the will revoked and refuse to admit it.

Helpful Hints — Practical steps if a will is lost or destroyed

• Search thoroughly before assuming a will is lost: check safety deposit boxes, files, the deceased’s attorney’s office, bank safe, email, cloud storage, or with the witnesses.
• Locate witnesses promptly. Witness testimony about witnessing the signature and the will’s terms is often the strongest evidence.
• Gather any copies: printed copies, scanned copies, emails, or drafts. Keep originals of any copies and note where and when you found them.
• Document efforts to find the original: keep a written log of searches and people contacted. This supports your explanation for nonproduction in court.
• Obtain affidavits from attesting witnesses or from people who saw the testator sign or saw the original will in existence after execution.
• Move quickly. Start the probate process without unnecessary delay to avoid claims that evidence has been lost or memories faded.
• Expect possible disputes. Heirs may contest admission; be prepared for court hearings and, if necessary, a trial on authenticity or revocation.
• Consider hiring a probate attorney. Probate lawyers know local judges’ practices, the evidence courts require, and how to present a lost-will petition effectively.