Detailed answer — overview of the legal situation in Pennsylvania

If the original handwritten or signed will cannot be produced because it was lost, destroyed, or damaged while being mailed or otherwise in transit, Pennsylvania probate practice allows the estate’s representative or interested persons to ask the court to admit other proof of the will’s contents. The procedure usually requires filing a petition with the county Orphans’ Court (or Register of Wills, where applicable) asking the court to admit the will to probate despite the absence or condition of the original.

Pennsylvania’s probate and decedent‑estate statutes are found in Title 20 of the Pennsylvania Consolidated Statutes (Decedents, Estates and Fiduciaries). See the text of Title 20 for the statutory framework that controls wills, probate, and administration in Pennsylvania: 20 Pa.C.S. (Decedents, Estates and Fiduciaries).

What the court will want to know

• Was an original will actually executed that complied with Pennsylvania formalities (signed by the testator and properly witnessed)?
• Did the decedent revoke the will before death?
• How and when did the original go missing or become damaged?
• Can the contents of the will be proved by reliable secondary evidence (witness testimony, a copy, or other documents)?

Typical forms of permissible evidence

Because the original signature and attestation clause are strongest proof, absence of the original raises more scrutiny. The court will typically consider some or all of the following evidence:

• Affidavits or testimony from the attesting witnesses who saw the testator sign the will.
• Copies of the will: a clear photocopy, an electronic copy, or a digital draft kept by the testator or attorney. A contemporaneous copy is stronger than a reconstruction long after death.
• Evidence the testator took no actions constituting revocation (for example, no later signed codicil, no physical destruction by the testator).
• Proof about the mailing chain (tracking records, proof of attempted delivery, post office inquiries) that shows the will was mailed but did not arrive.
• Testimony showing that someone else had possession of the will and that the original was not intentionally revoked.

How the court decides

The court weighs the credibility and sufficiency of the secondary proof. If the court is persuaded that (1) a valid will was executed, (2) the original has been lost or destroyed without the testator’s intent to revoke, and (3) the offered evidence reliably establishes the will’s terms, the court can admit a copy or permit probate on the basis of that secondary evidence.

Possible outcomes

• Admit a copy of the will to probate and administer the estate according to its terms.
• Refuse to admit the will if evidence is insufficient; the estate may then be distributed under Pennsylvania intestacy rules.
• Order an evidentiary hearing where witnesses testify about execution and contents.

Practical timing and procedure

Act quickly. File a petition with the Register of Wills or the Orphans’ Court clerk in the county where the decedent was domiciled. Early action preserves evidence (mailing records, witness memories) and prevents others from claiming the original or contesting the probate on procedural grounds.

What to do immediately — step‑by‑step checklist

1. Stop using or trying to repair a damaged original; preserve it and photograph its condition.
2. Contact the post office or carrier immediately to request tracking information, delivery attempts, or proof of loss. Keep any written responses.
3. Contact the attesting witnesses and collect sworn statements or affidavits about observing the testator execute the will.
4. Search for any copies: attorney/client files, safe deposit box records, scanned emails, cloud storage, or a self‑proving affidavit that may exist with the will copy.
5. Notify the Register of Wills or county Orphans’ Court clerk that the original is missing or damaged and ask about local filing requirements and forms.
6. Hire a probate attorney experienced in contested or lost‑will matters to prepare the necessary petition and represent the estate at hearings.

Consequences if the court won’t admit a copy

If secondary evidence is insufficient and the court refuses to probate the purported will, the decedent’s property may pass under Pennsylvania intestacy law instead of under the terms of the lost will. That outcome can be very different than the testator’s intentions, so proving the will or negotiating a settlement is often important.

When to get a lawyer

Hire a probate attorney if any of the following apply:

• The will is missing or partly illegible and the estate is substantial.
• There is a dispute among beneficiaries or family members.
• The original might have been intentionally destroyed, altered, or withheld by another person.
• You need help assembling evidence, drafting the petition, or handling the hearing.

Helpful hints

• Preserve evidence: keep copies of any mail receipts, tracking info, and emails about delivery.
• Get witness affidavits as soon as possible; memories fade and courts give more weight to contemporaneous statements.
• Look for a “self‑proving affidavit” signed when the will was executed — it can greatly simplify proving authenticity.
• If an attorney prepared the will, contact them immediately; many firms keep a scanned copy or file note.
• If someone admits to destroying or hiding the will, tell your lawyer — the court may consider that conduct when deciding to admit a copy.
• Be prepared for a hearing; bring original copies of any drafts, correspondence, or electronic files that show the will’s text and execution timeline.