Quick summary: If an original will is lost or destroyed in transit to the courthouse, West Virginia courts can still admit the testator’s intentions to probate—but you must prove the will was validly executed and not revoked. Gathering documentary proof, witness statements, and postal or courier evidence makes the process far easier.

Disclaimer: This article explains general West Virginia law and common probate practice only. It is not legal advice. If you face this situation, contact a West Virginia probate attorney or the county probate clerk for guidance specific to your case.

Detailed answer: legal standard and likely process

West Virginia law requires a proper probate showing that a will was validly executed and has not been revoked before the court admits it. When the original paper will is lost or arrives damaged, the probate court focuses on two core questions:

1. Was the will validly executed (signed and witnessed) under West Virginia law? (See West Virginia Code, Chapter 41.) You can read the statutory provisions for wills at the West Virginia Code website: W. Va. Code, Chapter 41, Article 5 (Probate of Wills).
2. Has the testator revoked the will (for example by physical destruction, a later will, or other legally effective act) before death?

If the original is lost in the mail, you cannot present the court with the physical document. But West Virginia courts generally allow admission of a copy or proof of the contents when the proponent proves two points by competent evidence: (A) the will was duly executed, and (B) the original was not revoked by the testator. The court evaluates all evidence—including testimony from the witnesses who saw the will signed, copies or drafts of the will, mail receipts or tracking, and statements from anyone who handled the will in transit.

When a will is last known to be in the testator’s exclusive possession and cannot be found after death, many jurisdictions apply a presumption that the testator destroyed the will (i.e., revocation by physical act). That presumption can be rebutted by evidence showing the will left the testator’s control (for example, mailed to the courthouse or to an attorney) or by other proof that the testator did not intend revocation. If the will was mailed to the probate court or its custodian and lost in the mail, the fact it was mailed helps rebut the presumption of revocation.

Practical steps the probate court may require or consider:

• Affidavits from the witnesses who signed the will describing the signing and attestation.
• A photocopy or scanned copy of the will, if available, and testimony explaining that the copy accurately reflects the original.
• Postal or courier records (tracking, receipts, proof of drop-off) showing the will left the testator’s control and was en route to the courthouse.
• Affidavit or testimony from the probate clerk or intended recipient confirming they expected to receive the original and cannot locate it.
• Any contemporaneous drafts, emails, or records that corroborate the testator’s intent and the document’s contents.

If the probate court is satisfied with the evidence, it may admit a copy of the will or admit proof of the lost will and then carry out probate according to its terms. If the court finds the evidence insufficient and instead finds the will was likely revoked, it may refuse to admit the copy and distribute the estate under intestacy rules or a previously admitted instrument.

Typical timeline and what to expect

Expect the probate process to take longer than a routine admission of an original will. The court may schedule a hearing so interested parties can present testimony and evidence. Opponents (heirs or beneficiaries) can object and present contrary evidence. Because the burden to prove due execution and non-revocation can be higher when the original is missing, cases involving lost originals often require more documentation and witness preparation.

What to do immediately if an original will is lost or damaged in the mail

1. Contact the courier or postal service and file a missing/damaged mail claim; preserve tracking numbers and receipts.
2. Notify the probate clerk in the county where the testator lived and explain the situation. Ask whether the office logged receipt or attempted acceptance.
3. Locate and preserve any copies of the will (photocopies, PDFs, emails, drafts). Make certified copies if possible.
4. Identify and contact the signing witnesses. Ask them to prepare sworn affidavits describing the signing, the testator’s capacity, and any statements of intent the testator made.
5. Collect any contemporaneous proof: emails, notes, appointment logs, or testimony showing the will was sent to the court or a lawyer.
6. Consult a West Virginia probate attorney promptly. An attorney can prepare the petition to probate a lost will or admit a copy and can represent you at the hearing.

Possible outcomes

• The court admits a copy or admits proof of the lost will and appoints an executor according to its terms.
• The court denies admission of the copy because evidence is insufficient; the estate is then treated under intestacy rules or according to another valid instrument.
• The court requires additional evidence, a hearing, or temporary protective orders while the parties gather proof.

Helpful hints

• Keep the chain of custody clear. Evidence that the will left the testator’s control (for example, mailing receipts) is crucial.
• A signed photocopy or a scanned PDF can be very helpful. Courts often rely on copies when no original exists if the copy is credible and supported by testimony.
• Witness affidavits that describe the signing ceremony and confirm the testator’s competence carry weight.
• Act fast. Filing claims with the carrier and notifying the probate clerk quickly preserves important evidence.
• Expect a hearing. Be prepared to call witnesses and present documentary evidence under oath.
• Consult an attorney experienced in West Virginia probate. The rules and proof standards vary by county and judge.