FastCounsel

Short answer: There are practical, documentary, and legal clues you can check. In Washington the safest route when a will’s authenticity matters is to preserve the document, avoid altering it, and contact a probate attorney or the local superior court clerk for next steps.

Detailed Answer

This section explains how to tell whether a will is likely the original and what Washington law says about originals, self‑proved wills, and lost originals.

1. Visual and physical clues that indicate an original

• Signatures in ink at the end of the will: Originals normally bear the testator’s signature and the witnesses’ signatures. Check whether the signatures appear to be hand‑signed (ink strokes, pressure, slight variations) rather than mechanically reproduced.
• Notary block or affidavit: Many wills include a “self‑proving” affidavit signed in front of a notary with the notary’s stamp or seal. That block is often notarized on the original and can strongly suggest you have the original. (See Washington probate laws on execution of wills: RCW chapter 11.12: https://apps.leg.wa.gov/rcw/default.aspx?cite=11.12.)
• Paper quality and page numbering: Originals may have uniform paper stock, original page numbering, staples, or other physical markers. Copies often show different toner texture or printer artifacts, double‑sided printing patterns, or photocopy shadows.
• Handwritten marginalia or corrections in ink: Original handwritten amendments (if valid) can indicate an original; printed copies usually reproduce those marks as toner rather than ink.

2. Documentary evidence and chain of custody

• Ask who provided the document and how they obtained it. A clear chain of custody (attorney’s office, safe‑deposit box, testator’s home) makes an original more likely.
• Contact the drafting attorney or law firm. Many estate attorneys keep the original will or a record that they filed a self‑proving affidavit.
• Check safe‑deposit boxes, personal safes, or bank records. Families often store originals in those places; a clerk or attorney may be able to help locate them.

3. Washington law on execution and self‑proved wills

Washington law sets rules for how a will must be executed to be valid. Chapter 11.12 of the Revised Code of Washington covers execution requirements and related topics. A will that is validly executed and made “self‑proving” (with a notarized affidavit signed by the testator and witnesses) can simplify probate because the court can accept the will without witness testimony if certain formalities are met. See: RCW chapter 11.12 (Wills).

4. What if you only have a copy?

If the original is missing, Washington courts can admit a copy of the will to probate in some circumstances, but the process requires more proof. Generally, if the original cannot be produced, you will need convincing evidence that the copy is a true copy of a valid executed will and that the original was not intentionally revoked by the testator. Because rules and standards of proof can be technical, contact a probate attorney about filing a petition to admit a copy and providing the necessary evidence to the superior court.

5. When authenticity is disputed

• Preserve the document and avoid handling it unnecessarily—don’t sign, staple, or mark it.
• Document who had access to the will and when.
• If signatures are disputed, an attorney may recommend a forensic document examiner or securing witness statements from subscribing witnesses (if available).
• If the will lacks proper formalities or appears altered, the court may require testimony from witnesses or expert evidence before admitting it to probate.

6. Practical next steps you should take now

1. Stop altering the document. Place it in an envelope and note where and from whom you received it.
2. Contact the attorney who drafted the will (name often appears in the will) or the law firm where it was prepared.
3. Check locations where originals are commonly stored: the decedent’s safe, home files, safe‑deposit box (bank may require a court order), or with family attorney.
4. Locate and preserve contact information for the witnesses named on the will. Their statements may be needed to prove execution.
5. If the testator is deceased and you cannot find the original, consult a probate attorney promptly about filing a petition to admit a copy and the evidence required by the superior court.

For general statutory guidance on probate and estate administration (where petitions and admission of wills are handled), see Washington’s probate statutes: RCW chapter 11.28 (Probate and Administration).

Important: Rules about originals, copies, self‑proving affidavits, and lost or revoked wills can be complex and fact‑specific. The links above point to official Washington statutes for reference, but a local probate attorney can advise how the rules apply to your situation and represent you in court if needed.

Helpful Hints

• Do not write on, sign, or staple the document. Preserve the original condition.
• Photograph the will (without altering it) to document its condition, but keep the physical paper safe.
• If you find a notary seal and self‑proving affidavit, that strongly suggests the document is an original—notify the attorney or court promptly.
• Collect the names and contact details of anyone who handled the will or was present when it was signed (attorney, witnesses, notary).
• If the will can’t be located, be prepared to show evidence of the will’s prior existence: copies, drafts, attorney files, emails, or credible witness statements.
• Ask the county superior court clerk whether the testator previously filed the will or whether there is a related case; the clerk can also explain filing procedures and local forms.
• If someone challenges the will’s authenticity, get legal help quickly. Timely preservation of evidence and statements improves your ability to prove a will’s validity.