Detailed Answer: How to confirm a will is the original under Minnesota law
If you received a will and need to know whether it is the original, follow a clear verification path. Minnesota courts treat an original will as the physical document signed by the testator (the person who made the will). A true original usually contains the testator’s signature and the required witness attestations. Minnesota’s probate framework governs how courts treat originals, copies, and lost wills. For an overview of Minnesota’s probate statutes, see the Minnesota Statutes, chapter 524: https://www.revisor.mn.gov/statutes/cite/524. You can also find practical probate guidance at the Minnesota Judicial Branch website: https://www.mncourts.gov/Help-Topics/Probate.aspx.
1. What an “original will” looks like
An original will is the paper (or other physical medium) that the testator actually signed. Key features to look for:
- The testator’s original signature (not a photocopy of the signature).
- Witness signatures that appear on the same physical document (Minnesota requires proper attestation by witnesses for a valid attested will).
- A self-proving affidavit or notary acknowledgment attached to the will (when present, this helps the court accept the will without calling the witnesses to testify).
- Original ink, paper thickness, indentation from pen strokes, or other physical signs showing the document was hand-signed.
2. Quick practical checks you can do now
- Hold the document to the light. Originals often show variations in ink density and impressions from pen pressure.
- Look for the testator’s signature on the document itself. If the signatures are photocopied, they will look uniform and flat.
- Check if the witnesses’ signatures are on the same document and on the same pages as the testator’s signature.
- See if a notary block or a self-proving affidavit is attached. A self-proving affidavit is often signed by the testator and the witnesses before a notary; it increases the chance the court will accept the will without witness testimony.
3. Where originals are commonly kept
Check these likely locations before assuming the document you have is the original:
- The decedent’s home files, safety deposit box, or locked drawer.
- The attorney who prepared the will. Many attorneys keep originals or copies for clients.
- The bank, a trust company, or a document safe-deposit. Some people leave original wills with their bank or trust officer.
- With trustees or family members who were asked to hold the original.
4. If you only have a copy — what Minnesota law allows and requires
If the original cannot be found, Minnesota law allows a court to admit a copy into probate only after the proponent proves three things to the court’s satisfaction:
- The will was duly executed (i.e., the testator signed it and the required attestation formalities were followed).
- The original cannot be found after a diligent search.
- The original was not revoked by the testator.
To admit a copy, you will usually need evidence such as witness testimony that the will was signed, copies of the will showing the content, statements from the attorney who drafted it, or other contemporaneous documents that corroborate the will’s authenticity. In many cases a self-proving affidavit attached to a copy can help, but courts generally prefer an original document.
5. If you suspect forgery or tampering
If the document looks altered, signatures look inconsistent, or circumstances suggest fraud, do not distribute assets or follow instructions until the court resolves the issue. Preservation steps:
- Keep the document in a safe, dry place (do not attempt to repair tears or reattach pages).
- Limit handling to preserve fingerprints, indents, and ink evidence.
- Contact the probate court clerk for intake procedures, and strongly consider contacting an attorney for next steps.
6. How the probate process resolves original vs copy disputes
When someone opens a probate estate in Minnesota, they file the will (original if available) with the county probate court. If only a copy exists, the person seeking to admit the will files a petition and the court schedules a hearing. At the hearing the court evaluates evidence about execution, loss, and revocation. If the court finds the copy reliable and the original lost or destroyed, it may admit the copy to probate and issue letters to the executor named in the will or otherwise appoint an administrator.
7. Practical next steps you can take today
- Examine the document for original ink signatures, witness attestations, and a notary block or self-proving affidavit.
- Ask the person who gave you the will where they found it and whether they saw any original or copies kept elsewhere.
- Contact the attorney who prepared the will if known. They often keep the original or can confirm authenticity.
- Perform a diligent search of likely locations (safe deposit boxes, personal files, attorneys, banks).
- If you cannot find the original, consider filing for probate or speak with an attorney about a lost-will proceeding in the probate court.
Resources
- Minnesota Statutes, chapter 524 (probate law): https://www.revisor.mn.gov/statutes/cite/524
- Minnesota Judicial Branch probate help and forms: https://www.mncourts.gov/Help-Topics/Probate.aspx
Disclaimer
This article is for general information and education about Minnesota probate practice. It is not legal advice. Laws and court procedures change. For advice about a specific situation, contact a qualified Minnesota probate attorney or the probate court.