What happens when the original signed will cannot be located or is damaged while being sent to the court?

Short answer: The probate court in Alaska can still admit a will that has been lost or destroyed, but the person asking the court to admit it must prove that the decedent actually executed the will and did not revoke it. The court will look for clear and convincing evidence, such as witness testimony, copies of the will, mailing records, and other corroborating proof. This page explains the legal approach under Alaska law, practical steps to take, and tips to improve the chance the will will be admitted.

Detailed answer — how Alaska handles a missing or damaged original will

Probate generally requires the original signed will. If the original will is lost, destroyed, or damaged in transit (for example, lost or ruined while being mailed to the courthouse), Alaska courts do not automatically deny probate. Instead, the court evaluates evidence to determine whether the document represented an actual, valid last will and whether the testator revoked it before death.

Under Alaska probate practice, a person seeking to admit a will that cannot be produced must present convincing proof that the decedent executed the will and that the original was not revoked. The court will consider the totality of the evidence, including:

Testimony from the will’s attesting witnesses or anyone who saw the testator sign the will.
Copies (photocopies, scans, typed drafts) and any contemporaneous notes or drafts showing the testator’s intent and the will’s text.
Mailing records, tracking receipts, certified-mail receipts, or affidavits from postal employees showing delivery attempts.
Affidavits or testimony from persons who had custody of the will before it was mailed, confirming it was intact and not revoked.
Evidence that the decedent did not engage in actions indicating revocation (for example, no subsequent will or no statements or acts indicating destruction).

Because Alaska requires persuasive proof, courts often apply a high standard of proof (commonly ‘‘clear and convincing’’) before admitting a will that is not the original. If the decedent’s original will cannot be produced but the proponent can rebut any presumption of revocation and prove the will’s validity, the court may admit a copy or take other remedial measures.

Note: If the original will was last known to be in the testator’s possession and it cannot be found after death, some courts apply a presumption that the testator revoked it by physical act. That presumption can be rebutted by sufficient evidence showing the will was not revoked.

Relevant Alaska law resources

Alaska statutes and the Alaska court rules govern probate practice and the admission of wills. You can review the Alaska statutory title on probate matters at the Alaska Legislature website: Alaska Statutes, Title 13 — Probate, Trusts, and Fiduciaries. For practical court guidance and forms, see the Alaska Court System probate pages: Alaska Courts.

Typical court process when the original is missing or damaged

File a petition with the probate court to open administration and to admit the will (or a copy) to probate. The petition should explain why the original is unavailable (lost, damaged in mail, etc.) and identify proposed personal representative/executor.
Attach any documentary evidence (copies, mail tracking, receipts) and include affidavits from attesting witnesses or others with knowledge about the will’s execution and custody.
The court will notify interested persons and may schedule a hearing. At the hearing, the petitioner must present the evidence showing execution and lack of revocation.
If the court finds the proof sufficient, it can admit the copy or other evidence of the will to probate and appoint the proposed personal representative. If the court finds the evidence inadequate, it may deny admission and the estate may be distributed under intestacy rules.

Practical examples of helpful evidence

Signed affidavits from the will’s two attesting witnesses describing the signing ceremony.
A photocopy or scan of the signed will showing the testator’s signature and witness signatures.
Certified-mail receipts, tracking records showing the will left the testator’s possession and the delivery attempts.
Emails or messages from the testator that reference the will’s contents or confirm placement for filing.
Affidavits from postal workers or courthouse staff confirming a mailing incident (if applicable).

What if someone claims the testator revoked the will?

If a person argues the decedent revoked the will (for example, by physically tearing it or signing a later will), the court weighs competing evidence. A claim of revocation raises the bar for the proponent of the lost will: the proponent must produce persuasive evidence showing the will was valid and not revoked. Conflicting testimony, missing attesting witnesses, or credible proof of a later valid will can prevent admission.

When to get legal help

If the original will has been lost or damaged while being mailed to the courthouse, speak with a probate attorney as soon as possible. An attorney can help:

Prepare the probate petition and supporting affidavits.
Identify and collect admissible evidence and witnesses.
Handle objections from heirs or other interested parties.
Ask the court for interim steps to protect assets while the question is resolved.

Helpful hints

Keep copies: Always keep a scanned copy of the signed will stored securely and with trusted persons.
Use secure delivery: When sending a will, use tracked, registered, or certified mail and keep the receipts and tracking records.
Ask witnesses to sign affidavits promptly: Obtain sworn statements from attesting witnesses while memories are fresh.
Document custody: Keep a record of where the original will was stored and who had access. If you mail it, document date, method, and recipient.
Act quickly: File a probate petition promptly after death to preserve evidence and testimony before memories fade.
Get counsel if contested: If heirs or others object, consult a lawyer experienced in Alaska probate disputes.

Final note and disclaimer: This article provides general information about Alaska probate practices and is not legal advice. It does not create an attorney-client relationship. For advice tailored to a specific situation, contact a licensed Alaska attorney who practices probate law.