How to confirm a will is the original document in Massachusetts

Short answer: The “original” will is the signed, witnessed paper (or electronic original where allowed) bearing the testator’s signature and the signatures of the attesting witnesses, and — in Massachusetts — it is the document that the Probate and Family Court expects to receive for probate. If you only have a photocopy, you should try to locate the signed original, verify signatures and any self-proving affidavit, check probate court records, and, if necessary, prepare to prove a lost will under state procedure.

Detailed answer

1. What Massachusetts law expects

Massachusetts follows statutory rules governing execution and admission of wills. The Probate and Family Court generally expects the original signed instrument when someone applies to admit a will to probate. See the Massachusetts statutes concerning execution and admission of wills: M.G.L. Chapter 190B (Uniform Probate Code provisions adopted in Massachusetts), and consult the Massachusetts Probate and Family Court for local practice and filing rules.

2. What to look for on the document itself

• Testator signature: The original will should contain the testator’s signature at the end of the will (or a signature that the testator acknowledged in the presence of witnesses).
• Attesting witness signatures: Traditional wills are signed by at least two witnesses who attested that they saw the signing. Look for those signatures and dates.
• Self-proving affidavit or notarization: Some wills include a notarized “self-proving” affidavit executed by the testator and the witnesses. A self-proving affidavit makes it easier to admit the will without live witness testimony. If present, it is usually attached to or stapled to the will.
• Physical indicators: Originals typically show indented or varied ink strokes, pen pressure, or age-related paper changes that copies lack. Originals are single sheets or stapled pages with original ink signatures (not printed or photocopied ink).

3. How to verify the signatures and authenticity

1. Compare known exemplars. If you have other documents signed by the testator, compare signature characteristics (but do not attempt forensic analysis yourself if questions are serious).
2. Contact the attesting witnesses. Ask whether they remember signing and the circumstances (time, place, mental state of the testator). Their testimony can authenticate the will.
3. Check for a notary or self-proving affidavit. If the will was self-proved, that affidavit is strong evidence that the will was executed correctly.
4. Ask the person who gave you the will where they found it and get a written chain-of-custody statement. Record who has handled the original and where it was kept.
5. If you doubt authenticity, a probate attorney can advise whether to get a handwriting expert or to subpoena witnesses or records.

4. What to do if you only have a copy

If you have only a photocopy or scanned copy, do not file the copy as if it were the original. Instead:

• Search for the original. Check the decedent’s safe, file cabinets, attorney or bank safe-deposit box (with court permission), and with the attorney who prepared the will.
• Ask whether a copy has already been filed with the Probate Court. The court keeps records of wills when someone files them; contact the local Probate and Family Court to inquire.
• If the original cannot be found, prepare to prove the copy. Under Massachusetts procedure, a copy may be admitted if you can present clear and convincing evidence of the original’s contents and proof that the original was validly executed — typically via testimony of the attesting witnesses or other credible proof. The court has rules for admitting lost or destroyed wills, and an attorney can help prepare the necessary petition or affidavits.

5. Practical steps to follow right away

1. Do not alter, fold more, or mark the suspected original. Preserve the document’s condition and chain of custody.
2. If the testator is alive, ask them directly if they signed that document and where the original is kept.
3. Contact the attesting witnesses to confirm execution details. Get their contact information and written statements if possible.
4. Call the Probate and Family Court in the county where the decedent lived to ask whether the will was already filed and what the local filing process requires: Massachusetts Probate and Family Court.
5. If you cannot find the original or you suspect forgery, consult a probate attorney promptly. They can file the correct petition and, if necessary, arrange forensic or witness proof for court.

6. How the Probate Court handles copies and lost wills

If the original is missing, the court will require satisfactory proof of both the contents of the will and that it was properly executed. Proof can include testimony from attesting witnesses, a self-proving affidavit (if one was created and exists separately), duplicated pages that match the original, and other corroborating evidence. Because the rules and evidentiary standards can be technical, an attorney can prepare the evidence and file the petition to admit a copy or establish the will’s contents.

Helpful Hints

• Keep the suspected original in a safe, dry place and record who has had it since you received it.
• If you must transport the document, do so in a flat, protective sleeve to avoid damage.
• If an attorney prepared the will, contact that attorney — they may hold the original or have a retained copy and knowledge of witness names.
• Ask witnesses to sign short affidavits describing their role at the signing (date, place, and that the testator was of sound mind). These help the court if the original is missing.
• Don’t rely only on photocopies. A copy may be admitted, but the process is more involved and may delay estate administration.
• If suspected fraud exists (forged signatures, suspicious provenance), consult a probate attorney immediately before submitting anything to the court.

Where to find official information and forms

• Massachusetts General Laws, probate rules and statutes: M.G.L. Chapter 190B.
• Probate and Family Court information, locations, and local filing procedures: Massachusetts Probate and Family Court (Mass.gov).

When to hire an attorney

Hire a probate attorney if you cannot find the original, if witnesses are unavailable or unwilling to testify, if you suspect fraud, or if the estate is large or contested. An attorney can file the proper petition with the Probate Court, prepare witness affidavits, and advise on proving a lost or destroyed will under Massachusetts procedure.

Disclaimer: This article explains general principles about wills in Massachusetts and is for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and cannot substitute for advice about your specific situation. For help with a real matter, consult a licensed Massachusetts attorney.