Detailed Answer

Short answer: You can often confirm whether a will is an original by examining the physical document for original signatures, witness signatures, and a notarized self-proving affidavit; contacting the attorney or law firm that prepared or stored the document; checking with the probate clerk where the decedent lived; and — if needed — using forensic or witness verification. Under Alaska law, courts will accept a copy only after proof that the original was lost or destroyed or after testimony proving due execution. This article explains practical steps to determine whether a will in your possession is the original and what to do if it is not.

1. What “original” means

An original will is the single physical document that the testator (the person who made the will) signed. Originals usually show the testator’s handwritten signature, the signatures of required witnesses (if any), and sometimes a notary’s acknowledgement or a self-proving affidavit attached. Copies (photocopies, scans, or digital images) reproduce the text but not the original ink signatures, pen pressure, or physical characteristics of the paper.

2. First quick checks to tell if the will is likely original

1. Look at the signature ink: Originals typically have ink that sits on the paper with visible pen strokes, ink density variation, or slight indentations. Copies commonly show flat, uniform toner or pixel patterns.
2. Check for witness signatures: Many wills have witness signatures on the same page or an attached signature page. See if those signatures also look like original ink.
3. Self-proving affidavit or notary block: Many wills include a notarized affidavit (often called a self-proving affidavit) signed in front of a notary with the notary’s stamp or seal. That stamp or raised seal is usually absent on a simple copy.
4. Paper quality and folds: Originals may show typical wear, folds, or paper type not replicated well by a photocopy.

3. Document or custody checks

1. Ask the person who gave you the will: If someone handed you the document, ask where they got it and whether they know if it is the original.
2. Contact the attorney or law firm: If there is an attorney’s name or law firm on the will or cover letter, contact that office to ask whether they retain the original. Many law firms retain originals in a client file or will safe-deposit box.
3. Check safe-deposit boxes or a home safe: Families sometimes find originals in the decedent’s safe-deposit box or home safe. Only the custodian or a court order may allow access to a safe-deposit box after death.
4. Ask family members: Sometimes a family member knows where the original was left.

4. If you only find a copy: how Alaska law treats copies and lost originals

If you only have a copy, Alaska courts allow admission of a copy of a will in limited situations, but you generally must prove why the original is unavailable and that the will was validly executed.

Practical steps if you have a copy only:

• Try to locate the original by contacting attorneys, banks (safe-deposit boxes), and relatives.
• Preserve the copy and make additional clear legible photocopies or scans for your records.
• Be prepared to show the court why the original cannot be produced (for example, a safe deposit box that cannot be opened or a signed statement that the original was destroyed).
• Collect witness information: names, addresses, and contact details of people who witnessed signing or who can testify the testator signed the will.
• Consult an attorney early — admitting a copy often requires a probate filing and evidence from witnesses or other proof of due execution.

5. How a court typically verifies authenticity

When someone petitions the court to admit a will (original or copy), the probate court may consider:

• Testimony of witnesses to the signing or someone with direct knowledge;
• Evidence from the lawyer or custodian who prepared or stored the original;
• Handwriting or signature comparison by an expert, if signature authenticity is challenged;
• Documentary evidence showing chain of custody or custody failures (for example, a will found in the decedent’s personal effects versus one last seen in a safe-deposit box).

6. Steps you should take right now

1. Do not alter the document: Keep the will exactly as you found it. Do not add sticky notes, do not write on it, do not iron or try to “clean” it. Place it in a flat, dry folder.
2. Make a dated inventory: Note where and when you found the will, who handed it to you, and any visible features (notary stamp, witnesses, lawyer name).
3. Photograph the document: Take clear photos of each page for your records. Preserve the original in a secure place (locked drawer or sealed envelope labeled with chain-of-custody information).
4. Contact the attorney listed (if any) and the probate court clerk: Ask whether the firm holds an original and whether there are any pending filings. The probate court clerk can tell you how to begin the probate process in the deceased’s county.
5. Get legal advice: Consult an Alaska probate attorney if you suspect fraud, if the original cannot be found, or if you expect a challenge to the will.

7. What to expect if someone contests whether the document is original or valid

• If authenticity is disputed, the person seeking to admit the will must usually present witnesses or expert proof that the will was validly executed.
• If the original is missing and a copy is offered, the court will want proof the original was lost or destroyed without foul play.
• Litigation over originals can take time. Preserving evidence and witness contact information right away makes eventual proof easier.

8. Relevant Alaska law (where to look)

Alaska’s statutes and probate rules govern will execution, admission to probate, and proof when originals are missing. For general reference to Alaska’s probate statutes and for the exact statutory language and procedures, consult the Alaska Statutes and your local probate rules. See the Alaska Legislature’s statutes site: https://www.akleg.gov/ (look under Title 13: Probate, Estates, and Wills) and check local court probate instructions through the Alaska Court System: https://courts.alaska.gov/.

Note: statutory sections and court procedures change. An experienced Alaska probate attorney or the probate clerk can point to the exact statutory provisions and forms that apply to your situation.

9. When to hire an attorney

Contact an Alaska probate attorney if any of the following apply:

• You cannot find the original and you have only a copy;
• You suspect the will might be forged or altered;
• Multiple people claim custody of the original;
• You expect family disputes over the will or estate assets;
• There are complex assets, taxes, or out-of-state property.

An attorney can advise on whether to file an initial probate petition to admit the will or a petition to admit a copy, how to gather proof, and how to preserve your rights while the court resolves authenticity disputes.

10. Practical checklist to bring to an attorney or probate clerk

• The suspected original will and any other versions or printed copies you have.
• Photos of the document and the place you found it.
• Names and contact details of witnesses, the attorney who prepared the will (if known), and anyone who had custody of the document.
• The decedent’s death certificate (once available).
• Any other estate-related records (safe-deposit box info, bank contacts, property records).

Disclaimer: This article is for general information only and does not constitute legal advice. Laws change and every situation is different. Consult a licensed Alaska attorney for advice about your specific situation.