Detailed Answer

When an original will is lost or arrives damaged while en route to the county probate court in Wyoming, the probate process does not automatically fail. Wyoming courts have procedures to handle lost, destroyed, or mutilated wills. The key points are: whether the will was validly executed, whether the original can be accounted for, and whether there is convincing evidence the decedent did not intend to revoke the will by destroying it.

How Wyoming law treats a missing or damaged original

Under Wyoming probate practice, a will that cannot be produced after the testator’s death creates a presumption that the testator revoked it if the will had been in the testator’s possession and cannot be found. That presumption can be rebutted by evidence showing the will was lost or destroyed by accident or while in transit, or that the absence of the will has another innocent explanation. If the court is satisfied that the original was validly executed but lost or destroyed without intent to revoke, the court may admit secondary evidence (for example, a properly attested copy and witness testimony) to prove the testator’s testamentary intent.

Wyoming statutes and court rules governing probate and admission of wills are located in the state’s probate provisions (see Wyoming statutes on decedents’ estates and probate at the Wyoming Legislature website: https://wyoleg.gov/Statutes) and the Wyoming Judicial Branch probate resources (https://www.courts.state.wy.us).

Typical court process when the original is lost or damaged

1. File a petition with the county probate court to admit the will (or a copy) and open probate. The petitioner is usually an executor named in the will, a beneficiary, or an interested person.
2. Attach a copy of the will (if you have one), and any mailing receipt, tracking records, or evidence of the mailing. If the original was damaged in transit, include photographs and the carrier’s damage report.
3. Provide affidavits or testimony explaining why the original is not available. Useful affidavits include: the custodian’s affidavit (who last had the will), attesting witness affidavits (the people who signed the will confirming execution), and affidavits from anyone with knowledge about the mailing or loss.
4. Ask the court to admit the copy (or a conformed copy) as probative evidence under the court’s authority to accept secondary evidence when an original is lost or destroyed through no apparent intent to revoke.
5. The court may set a hearing. Interested parties can object and contest the petition. The court will weigh the evidence, and the standard is often clear and convincing evidence that the copy accurately reflects a validly executed will and that the original’s absence does not reflect intentional revocation.

Possible outcomes

• The court admits the copy or reconstructed will to probate. The estate proceeds according to the will.
• The court finds insufficient evidence and declines to admit the will. The estate may then be distributed under Wyoming intestacy rules (if no other valid will is proved).
• A compromise or settlement among interested parties resolving the dispute.

Evidence that helps prove a lost or damaged will (strongest to weakest)

• Attesting witnesses’ sworn testimony that the copy accurately reflects the original and that the will was properly executed.
• Custodian affidavit describing where the will was kept and the steps taken to send it to the court.
• Postal or carrier records: tracking numbers, delivery attempts, postal damage reports, insured mail or registered mail receipts, and claims filed with the carrier.
• Photocopies or electronic scans of the original will stored before mailing.
• Other contemporaneous documents or communications (emails, notes) showing the testator’s intent or actions regarding the will.

Practical steps to take right away

1) Stop: Do not assume the will is revoked. Acting quickly preserves evidence and increases the chance a court will accept a copy.

2) Preserve evidence: Keep any damaged envelope, tracking number, delivery receipts, photographs of damage, and communications with the carrier.

3) Contact the carrier: File a damage or loss claim and request chain-of-custody, tracking logs, and delivery or processing reports.

4) Get witness affidavits: Ask the attesting witnesses to give sworn statements about the will’s execution and about what they know of the mailing and loss.

5) Locate copies: Find any contemporaneous photocopies, scans, or drafts of the will (including emailed drafts) and preserve those files with metadata if possible.

6) File a probate petition promptly: Starting probate sooner gives you the court’s ability to resolve the issue and prevents other complications.

7) Consult a Wyoming probate attorney: An attorney can prepare the petition, gather the right affidavits, and present persuasive evidence to the court.

When a damaged original exists

If a damaged original is recovered, bring the entire item to the court. The court can inspect it. A damaged will may still be admitted if the signature and attestation can be verified and the court is satisfied the testator did not intend to revoke the instrument.

Why this matters in Wyoming

If the probate court cannot be convinced that the original will was lost or destroyed without intent to revoke, the estate could be treated as if there were no valid will. That outcome could defeat the testator’s wishes and distribute the estate under intestacy instead of according to the will. Wyoming courts will therefore evaluate all available proof before denying probate of a lost or damaged will.

Disclaimer

This article is educational and informational only. It is not legal advice, does not create an attorney-client relationship, and is not a substitute for consulting a licensed Wyoming probate attorney about a specific situation.

Helpful Hints

• Act quickly — preserve any physical evidence (damaged envelope, tracking receipts, photographs).
• Get affidavits from the attesting witnesses and the person who had custody of the will before mailing.
• Request carrier records and file a formal damage/loss claim with the postal service or private carrier.
• If you have only a copy or scan, keep the original file and produce metadata showing when it was created.
• File for probate promptly. Waiting can make it harder to convince the court the loss was accidental and not a revocation.
• Be prepared for a hearing and possible contests from heirs. Courts require convincing proof for admission of a will without an original.
• Consult a probate attorney in the county where the decedent lived. Local counsel knows the court’s practice and evidentiary expectations.