Detailed Answer
When a last will and testament is lost or destroyed in Wyoming, the legal consequences depend on how the document went missing and what evidence you can produce. Below are the main scenarios and how Wyoming courts typically treat each.
1. Destruction by the testator with intent to revoke
If the person who made the will (the testator) deliberately destroyed the document while intending to cancel it, the will is generally revoked. Physical destruction (tearing, burning, shredding) by the testator, when accompanied by the intent to revoke, effectively cancels the will under Wyoming law. If there is evidence the testator destroyed the will with that intent, the estate will be handled as if that will no longer exists (which may mean an earlier will controls or intestacy applies).
2. Lost or destroyed without the testator’s intent to revoke (accident or third party)
If the original will is lost or destroyed by accident or by someone else without the testator’s intent to revoke, Wyoming courts can still admit proof of the will’s contents and probative validity. The court will look for clear and convincing evidence that:
- the missing document was in fact the decedent’s properly executed will, and
- the decedent did not intend to revoke it.
Evidence can include attesting witnesses’ testimony (if they can remember execution), copy drafts, contemporaneous notes, photocopies, email drafts, recordings, or testimony about the testator’s statements showing intent. If the court finds the proof persuasive, it may admit a copy of the will (or other written evidence of its terms) to probate. This lets the estate be administered according to the will despite the loss of the original.
3. Lost original but copy exists
A conformed or photocopy of a will can be probated in lieu of the original if the required proof is provided. Typical proof includes testimony from the witnesses who signed the will or other evidence establishing both proper execution and that the original cannot be produced because it was lost or destroyed for reasons not showing an intent to revoke.
4. Presumptions and burden of proof
When an original will cannot be produced, the burden is on the party seeking probate of the will to prove its contents and validity. Courts tend to apply a heightened standard of proof — often clear and convincing evidence — to protect against fraudulent claims. If the circumstances suggest the testator destroyed the will with intent to revoke, the court may presume revocation.
5. Steps Wyoming law expects you to take
Generally, anyone who discovers a lost or destroyed will or who seeks to probate a copy should act promptly to preserve evidence: locate witnesses, gather copies or drafts, and file a petition with the probate court. Wyoming’s official statutes and court rules govern probate procedure and deadlines; you can find Wyoming statutes and probate information at the Wyoming Legislature and Wyoming Judicial Branch websites:
6. Practical examples (hypothetical)
Example A — Revocation: Jane executes a will leaving her house to her niece. Later she tears the will in half and throws it away telling a friend she revoked it and now prefers to leave her property to someone else. That act and her words strongly support revocation.
Example B — Accidental loss: John stores his will in a file at home. A flood destroys the paper, but John did not intend to cancel the will. John dies later. If attesting witnesses remember signing the will or a reliable copy exists, a Wyoming court may probate the copy and enforce the will’s terms.
Example C — Destroyed by third party: Mark gives his original will to a lawyer for safekeeping. Later, after Mark’s death, someone in the office destroys the file by accident. If there is no evidence Mark intended revocation, the court may admit secondary evidence showing the will’s terms.
7. What a Wyoming probate court will consider
- Evidence of proper execution (signatures, witnesses, notarization when required).
- Testimony from attesting witnesses or the person who saw the will executed.
- Copies, drafts, or electronic versions of the will.
- Testator’s statements or contemporaneous writings showing intent.
- Who had possession of the original and circumstances of loss or destruction.
If you need to petition a Wyoming probate court to admit a lost or destroyed will, an attorney can prepare the petition, gather necessary affidavits, and present the proof the court requires to admit a copy or other evidence.
Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Wyoming attorney.
Helpful Hints
- Search thoroughly for the original: check safe-deposit boxes, lawyer files, bank safe safes, home safes, and with friends or family.
- Preserve any copies, drafts, emails, or digital files that show the will’s text or that show the testator’s intent.
- Identify and preserve contact information for witnesses who saw the signing — their testimony is often decisive.
- Do not alter, destroy, or hide evidence; that can create adverse inferences at probate.
- Gather contemporaneous evidence of the testator’s intent (notes, letters, text messages, or recorded conversations) if available.
- If the will was in a safe-deposit box, ask the bank about procedures and obtain any inventory records; banks sometimes require a court order to open boxes after death.
- File for probate promptly. Delays can increase the difficulty of proving a lost will and may expose property to claims by heirs who assume intestacy.
- Consult a Wyoming probate attorney early. An attorney can assess proof, prepare a petition to admit a copy, and help present evidence to the court.
- If you suspect someone intentionally destroyed a will to change beneficiaries, preserve evidence and consult an attorney immediately; that conduct can raise criminal or civil issues.