Detailed Answer — how to confirm an original will under Missouri law

When someone gives you a will, you need to know whether you have the original document the testator signed or only a copy. The difference matters because courts prefer an original when admitting a will to probate. Under Missouri law, an original will and proof that it was properly executed make admission to probate simpler. If the original cannot be produced, you may still be able to probate the will, but you will need extra proof about its contents and why the original is missing. See Mo. Rev. Stat. Chapter 474 (Wills) for the governing rules: https://revisor.mo.gov/main/Chapters.aspx?chapter=474.

1. Visual and physical signs that indicate an original

• Ink signature in the testator’s (and witnesses’) handwriting rather than a printed or photocopied image.
• Variations in ink color or pressure, pen strokes where ink pools or skips, or indentations on the paper — these suggest a hand-signed original.
• Two or more witness signatures dated and placed in the attestation clause. Missouri generally requires attested wills (witnesses), so witness signatures are an important authenticity marker.
• An attached “self-proving affidavit” signed in front of a notary public and notarized. A self-proving affidavit lets a Missouri court accept the will without calling the witnesses to testify. A notarized affidavit indicates an original document was executed in person.
• Court stamps, filing marks, or original seals (for wills already filed with probate court). These usually appear only on originals filed with the court.

2. Practical steps to confirm originality

1. Do not alter the document. Keep it in a dry, secure place and minimize handling.
2. Compare the copy to the suspected original. Look for continuous ink signatures (not pixelated or of identical appearance to printer ink), witness signatures, notary seals, and any handwritten marginalia or corrections that a photocopy might not show clearly.
3. Ask the person who gave you the will where they obtained it. Contact the attorney who prepared the will—many law firms keep originals or drafts. If the drafter has the original, that is strong evidence.
4. Check safe-deposit boxes, lawyer file cabinets, the testator’s personal papers, or institutions (banks, trust companies) that may hold originals. Many people ask attorneys or banks to hold the original will for safekeeping.
5. If the will includes a self-proving affidavit, locate the notary information and date. Contact the notary or the notary’s employer (often an attorney) to confirm a personal appearance occurred when the affidavit was signed.
6. If you still need greater certainty, a forensic document examiner can analyze ink, paper, and handwriting to distinguish an original signature from a reproduced one. That analysis can be expensive and typically used only when authenticity is substantially disputed.

3. If you only have a copy — what Missouri law allows

If the original will cannot be located, Missouri courts may admit a copy to probate in certain circumstances, but the person seeking admission must provide convincing proof of the will’s contents and explain the original’s absence. The probate court will require proof of due execution and evidence why the original is not produced. See Mo. Rev. Stat. Chapter 474 for guidance on execution and evidence requirements: https://revisor.mo.gov/main/Chapters.aspx?chapter=474.

Common forms of proof when the original is missing:

• Testimony or affidavits from attesting witnesses who can confirm the will was signed and who can identify the document’s text.
• A self-proving affidavit attached to a copy may help, but courts will evaluate authenticity and why the original is absent.
• Documents or correspondence showing the testator’s intent consistent with the will’s terms (drafts, emails, or earlier versions).
• A showing that the original was lost or destroyed without the testator’s intent to revoke it (if destruction was intentional by the testator, that may be revocation).

4. What to do next — safe, practical steps

1. Preserve the document as you found it. Do not sign, staple, or otherwise mark it.
2. Take high-resolution photographs of all pages (front and back) and any envelopes or seals.
3. Ask for contact information for the drafter (attorney or notary) and any witnesses so they can be contacted quickly to preserve testimony.
4. If the decedent is deceased or incapacitated and you plan to probate, file a petition in the county probate court where the decedent lived. An attorney can help prepare the petition and the necessary affidavits or witness statements to support admission of a copy if the original is missing.
5. Consult a Missouri probate attorney promptly. Probate rules and evidentiary requirements are technical and time-sensitive; an attorney can advise on the best path, including preparing the proofs needed under Missouri law.

Helpful Hints

• Look first to the attorney who prepared the will — many lawyers keep the original will in their files or in a secure storage location.
• A self-proving affidavit attached to the will greatly simplifies admission. If present, locate the notary information and contact the notary for confirmation.
• If you suspect the original was intentionally destroyed by the testator, that can be evidence of revocation. Preserve any evidence and consult an attorney immediately.
• Do not throw away a copy. A clear copy, accompanying witness affidavits, and other records can be the basis for admitting a will when the original cannot be found.
• Be cautious around safe-deposit boxes: banks typically require a court order or executor authority to open a deceased person’s safe-deposit box. An attorney can help obtain access if needed.
• If a will appears altered, torn, or otherwise suspicious, avoid additional handling and seek legal counsel before presenting it to a court.
• Find Missouri statutes about wills and probate at the Missouri Revisor of Statutes: Mo. Rev. Stat. Chapter 474 (Wills).