Detailed Answer
Short answer: If the original will is lost or damaged in the mail before it reaches the probate court in Missouri, the probate court can still admit the will to probate in many cases. You will need to prove the will’s contents and that the testator (the person who made the will) did not intend to revoke it. The court decides admission based on the available evidence, including copies, witness testimony, and mailing records.
This article explains how Missouri probate courts typically handle lost or damaged wills, what proof is usually required, and practical steps to protect the estate and beneficiaries.
How Missouri law treats a missing or damaged original will
Missouri’s probate laws govern the admission of wills to probate and how courts treat wills that cannot be produced in original form. If a will is not before the court because it was lost (for example, lost or damaged in the mail en route to the clerk), Missouri courts will consider whether the loss was a revocation by the testator or simply an accidental loss or destruction by someone else.
Key legal points you should understand:
- Presumption of revocation. If an original will is found to have been intentionally destroyed by the testator (for example, torn up by the testator), courts typically presume the testator revoked it. But that presumption applies to deliberate acts by the testator, not to loss in transit or accidental damage.
- Loss or destruction by a third party. If the will was lost, destroyed, or damaged while in the hands of a third party (such as a mailing carrier) and not by the testator, Missouri courts generally do not treat that as a revocation. Instead, the court will consider whether the will can be proved by other evidence.
- Proof by copy and testimony. When the original cannot be produced, courts commonly admit a copy of the will when clear and convincing evidence establishes the will’s contents and that it was validly executed and not revoked. That evidence typically includes affidavits or testimony from attesting witnesses, notarial certificates (if the will was self‑proved), and contemporaneous copies or drafts that align with the claimed will.
What the probate court will look for
To admit a lost or damaged will, the court will want evidence on these points:
- That the will was validly executed (signed by the testator and witnessed according to Missouri law).
- That the original will was in existence after execution and prior to its loss or damage.
- That the testator did not intend to revoke the will.
- That the copy being offered fairly reflects the contents of the missing or damaged original.
Typical evidence used to prove a lost will in Missouri
Depending on the facts, the following items strengthen a petition to admit a lost or damaged will:
- A precise copy of the will (printout, scanned PDF, or a typed copy) that matches the attesting witnesses’ recollection.
- Affidavits or testimony from the will’s attesting witnesses saying they witnessed the testator sign the will and describing the document’s contents.
- A notarial certificate or “self‑proving” affidavit attached to the copy (if one was executed) that may streamline admission.
- Mailing or delivery evidence: tracking numbers, postal receipts, courier receipts, and any proof the document left the sender’s control and was intended for the probate clerk.
- Evidence that the loss or damage was accidental or caused by a third party (e.g., damage reported by the mail carrier, a lost‑mail report, photographs of the damaged document).
What happens at the hearing
The probate court will usually schedule a hearing. At the hearing, the person seeking probate of the copy (often an executor nominee or family member) presents the evidence described above. Interested parties (heirs or potential beneficiaries) may object and present contrary evidence.
If the court finds by the required standard of proof that the copy accurately reflects a valid will and that the testator did not revoke the will, the court can admit the copy to probate and appoint the nominated executor. If the petitioner cannot meet the court’s proof requirements, the court may refuse admission and the estate may pass under the laws of intestacy (as if there were no valid will).
Practical consequences
- If the court admits the will (or a copy), distribution follows the admitted will’s terms.
- If the court declines to admit the will, the estate is distributed according to Missouri’s intestacy rules unless another valid will exists.
- If mail or carrier negligence caused the loss, you may have a separate claim against the carrier for lost property or for damages tied to the estate or beneficiaries, but such claims are separate from the probate proceeding.
Relevant Missouri law resources
Missouri statutes and probate rules govern admission of wills and the formal requirements for valid execution. See the Missouri Revised Statutes chapter on wills and related probate provisions for statutory language and procedural requirements: Missouri Revised Statutes — Chapter 474 (Wills).
Because procedural practice varies by county and circuit, contact the local probate clerk’s office or consult a probate attorney about the county-specific forms and timelines.
When to get legal help
You should consult a probate attorney if the original will is lost or damaged in transit. A lawyer can:
- Help collect and prepare affidavits and witness statements;
- File the correct petition to admit a copy of the will;
- Represent you at probate hearings and respond to objections; and
- Advise about related claims (for example, against a carrier or a third party who may have interfered with the will).
Note: Time matters. Start the probate process promptly and preserve any mailing evidence and witness contact information.
Disclaimer: This information is educational only and not legal advice. For guidance about a specific situation, consult a licensed Missouri probate attorney.