California — How to Confirm Whether a Will Is the Original or a Copy

Detailed answer: How California law treats original wills and what you should check

Under California practice, probate courts prefer to receive and admit the original signed will. An “original” is the single physical document (or set of pages) bearing the testator’s signature and any required witness or notary markings — not a photocopy, scan, or facsimile. If you have reason to question whether a document is the original or only a copy, take these steps.

1. Look for the key elements of a formally executed will

• Testator’s signature: Most formal wills show the signature of the person who made the will (the testator). The signature is usually at the end of the will and may be accompanied by a date.
• Witness signatures: A formally attested will will normally include signatures of two witnesses who watched the testator sign (or acknowledged the signature). If present, the witness names, printed addresses, and dates are helpful evidence of proper execution.
• Self‑proving affidavit (common in California): Many wills include a short sworn affidavit attached to the will, signed by the testator and witnesses before a notary public. A self‑proving affidavit allows the court to admit the will without requiring live testimony from the witnesses. If present, it usually looks like a notarized jurat attached to the will.
• Page numbering, staple holes, or other continuity marks: Originals often have consistent paper size, page numbers, headers, or staples indicating the pages belong together. A photocopy may have cropped margins, uneven page edges, or photocopy artifacts.

2. Physical clues that help distinguish an original from a copy

• Ink characteristics: Original signatures typically show ink saturation, pen pressure, or small ink irregularities. Photocopies often show flat, uniform tones. A magnifying glass can reveal differences.
• Embossed seals and raised notary stamps: Many notary or embossed seals leave a tactile impression that does not reproduce on a standard photocopy.
• Transparent light test: Hold the document up to a light source. Originals may reveal ink bleed-through, paper density differences, or indentations from pen pressure; photocopies will look uniform.
• Paper weight and texture: Originals are often on heavier stationery or have letterhead. Photocopies may be on ordinary copier paper and show different opacity.

3. Trace the document’s source and chain of custody

Ask where the document was kept (attorney’s office, safe deposit box, home safe) and who delivered it to you. An original will kept by an attorney, in a safe deposit box, or filed with a court is more likely to be genuine. Document who had access to the paper and when. If you suspect tampering or substitution, preserve the document exactly as you received it and avoid writing on it.

4. Contact the attorney who prepared the will

If the will includes an attorney’s letterhead or signature block, contact that attorney’s office. Attorneys often retain the original will or a copy and can confirm whether the document you have is the original or a duplicate. They may also have a record of whether a self‑proving affidavit was executed.

5. What to do if you only have a copy

If you only possess a photocopy or scan, California courts can still admit a copy into probate, but the process is different and the burden is higher. Generally, a person seeking to admit a copy must explain why the original is not available (for example, the original was lost or destroyed) and present evidence that the copy accurately reflects a properly executed and unrevoked will. The factual showing required is substantial: the court will want convincing proof that the will was validly executed and that the testator did not later revoke it. That proof can include witness testimony, copies kept by an attorney, contemporaneous drafts, or other corroborating evidence.

6. If you suspect fraud, forgery, or tampering

Suspected forgery or substitution is a serious allegation. Preserve the document, avoid further handling, and consult a probate attorney promptly. A court may order handwriting or forensic analysis. Probate litigation can follow to determine the will’s validity and whether any person committed fraud.

7. Where the law is written and where to read more

The California Probate Code and court rules govern how wills are executed, self‑proving affidavits, and how copies are treated when the original is missing. For the statutory text and detailed statutory rules, see the California Probate Code on the Legislature’s website: California Probate Code (Probate). If you will be submitting a will to the court or considering a challenge, a probate attorney can point to the precise sections and local court procedures that apply to your situation.

8. Practical next steps to protect the estate and your interests

1. Do not alter the document. Preserve it in a safe, dry place.
2. Record who gave you the will, when, and how it was stored.
3. Look for an attorney’s file, safe deposit records, or communications confirming the will’s execution.
4. If you’re the nominated executor/administrator, consult a probate attorney before filing anything with the court.
5. If you cannot find the original, plan to gather corroborating evidence (witnesses, drafts, attorney records) before asking the court to admit a copy.

Reminder: This answer summarizes common California practice about originals and copies of wills. It is not a substitute for professional legal advice about a specific will or case.

Helpful Hints

• Keep originals: If you are a testator, tell your attorney and trusted executor where the original will is stored. Consider a safe deposit box or your attorney’s safe-keeping.
• Look for a self‑proving affidavit: A notarized, self-proving affidavit attached to a will makes probate admission much simpler; its presence strongly suggests you have the original.
• Do not sign, date, or initial anything on the will after you receive it. Any later marks can cause disputes about alteration or revocation.
• If the will is in a bank safe deposit box, know that banks often require a court order or a keyholder to open it after the testator dies. Your local probate court or clerk can explain the process.
• Preserve evidence of custody: emails, delivery receipts, photos of the document when you received it, and notes about conversations can help if a court later questions the document’s authenticity.
• When in doubt, consult a probate attorney promptly — early steps (preserving the will, identifying witnesses) improve the chance the court will admit the document.

Disclaimer: This article provides general information about California wills and is not legal advice. It does not create an attorney‑client relationship. For advice about a particular document or case, consult a licensed California probate attorney.