What to do if the original will is lost or damaged in the mail under Nebraska law

Detailed Answer — how Nebraska handles lost or damaged wills

When the original signed will is lost or damaged while being mailed to the county court or the clerk for probate, the result depends on whether the original still exists and what evidence you can show to the court. Nebraska’s probate law is found in the Nebraska Probate Code (Chapter 30 of the Nebraska Revised Statutes). Courts want proof that a valid will was executed and that it was not revoked by the testator before death. See Neb. Rev. Stat. Chapter 30: nebraskalegislature.gov — Chapter 30.

Two basic scenarios

1. The original is destroyed or cannot be found (lost in mail):

   If the original will cannot be produced because it was lost or destroyed in transit, Nebraska courts generally allow you to petition to admit a copy of the will to probate if you can prove the original existed and was valid and not revoked. The court will require convincing proof — often testimony under oath from attesting witnesses, affidavits from the custodian (for example, the attorney or sender), postal or tracking records showing mailing, and any copies (photocopies or electronic) of the will showing the exact terms.

2. The original arrived but is damaged:

   If the original is recovered but damaged, the court will examine whether the signature and required formalities (signatures of the testator and attesting witnesses, or a proper self-proving affidavit) remain verifiable. A damaged original may still be admitted if the court is satisfied it is authentic and was validly executed.

What proof the court typically requires

Because the original may be unavailable, the proponent of the will should prepare to offer clear and convincing evidence that:

• The decedent signed the will and it was properly witnessed (or was otherwise valid under Nebraska law).
• The original was not revoked by the testator before death.
• The document offered (a copy) accurately reflects the terms of the signed will.

Common forms of proof include:

• Testimony or sworn affidavits from attesting witnesses who actually signed the will and can confirm execution.
• A custodian’s affidavit (for example, an attorney or personal representative) describing how they prepared, stored, and mailed the will and when it was last in their possession.
• Postal tracking and delivery records, certified mail receipts, or affidavits from the post office showing a delivery attempt or loss.
• Photocopies, scanned copies, draft versions, or other documentary evidence that match the missing original.
• Ancillary records such as email correspondence, notes, or billing records that show the will’s preparation and the testator’s intent.

How to proceed, step by step

1. Confirm the status. Check tracking, contact the post office or carrier, and confirm whether the courthouse actually received the will and its condition.
2. Preserve evidence. Keep tracking records, receipts, emails, envelopes, and any damaged document pieces. Photograph damaged documents and packaging.
3. Notify interested parties. Let close family members and likely heirs know the problem in case someone else holds relevant evidence or witnessed the will signing.
4. Locate witnesses and custodians. Identify and obtain signed affidavits from the two witnesses who signed the will (if available) or from the attorney/custodian who prepared or mailed the will.
5. File a petition with the probate court. If the original cannot be produced, the personal representative (or a person interested in probate) can file a petition to admit a copy of the will or to allow admission despite the original being lost. The petition should attach or describe all available proof and ask the court to hold a hearing if needed.
6. Prepare for possible contest. Opposing heirs may contest admissibility or allege revocation or forgery, so be prepared to provide strong documentary and testimonial proof of authenticity and lack of revocation.

What the court may do

The court will weigh the offered evidence. If it finds the proof sufficiently persuasive that the will was validly executed and not revoked, it may admit a copy to probate and give effect to the will’s terms. If the court finds insufficient proof, it may refuse admission and instead distribute assets according to intestacy rules. The court may also hold a hearing and allow cross-examination of affiants and witnesses before deciding.

Helpful Hints

• Do not assume a lost original automatically means revocation. The court focuses on evidence of the testator’s intent and whether the will was properly executed.
• Get attesting witnesses’ statements as soon as possible. Their testimony is often pivotal in proving execution.
• Gather postal evidence immediately: tracking numbers, certified-mail receipts, delivery attempts, and any post office incident reports.
• If you are a custodian (attorney or personal representative), prepare a sworn affidavit describing custody, mailing steps, and what happened when the will left your control.
• Keep copies and backups of final wills in a secure place—electronically and on paper—and keep a short record of who has the original.
• Contact the county probate court early to learn local filing procedures and whether they will accept copies temporarily while you pursue proof.
• Be aware that opponents can challenge a copy’s authenticity or allege revocation; strong contemporaneous evidence reduces that risk.

Where to find Nebraska law and court rules

General probate law in Nebraska appears in Chapter 30 of the Nebraska Revised Statutes: https://nebraskalegislature.gov/laws/statutes.php?chapter=30. For local procedures, contact the county probate court clerk in the county where the decedent lived.

When to get legal help

Because courts require persuasive proof to admit a copy or to accept a damaged original, it is wise to consult a Nebraska probate attorney early. An attorney can help gather affidavits, prepare the petition to admit a copy, and represent you at any hearing or contest.

Disclaimer

This article is informational only and does not constitute legal advice. It is not a substitute for consulting a licensed attorney about your specific situation.