Connecticut: What Happens If the Original Will Is Lost or Damaged in the Mail?

Short summary: Under Connecticut practice, the probate court expects the original signed will when a person dies. If the original will is lost or damaged in the mail before it reaches the probate court, the person who wants the will admitted (the proponent) can still ask the court to admit evidence of the will’s contents — for example a clean copy, witness testimony that the will existed and was not revoked, and other corroborating evidence. The court will review the evidence, hold a hearing if necessary, and will only admit a lost or destroyed will if the proponent meets the required proof that the document was valid and not revoked.

How Connecticut probate courts handle a missing or damaged original

Connecticut probate courts handle lost or destroyed wills by focusing on two main questions:

1. Did the decedent actually execute the will that the proponent says existed?
2. If the original is missing or damaged, did the decedent revoke the will before death?

If the proponent can show by testimony and other evidence that a valid will was executed and that the decedent did not revoke it, the court may admit secondary evidence (such as a photocopy or a typed copy, witness testimony about the contents, or emails/drafts) in place of the original. The court’s goal is to honor the decedent’s true testamentary intent while guarding against fraud.

What the court will want to see

• Evidence that the original existed. This may include a signed copy, an unsigned draft clearly matching the final version, emails showing distribution of the will, or testimony from the witnesses who saw the signed original.
• Evidence the will was not revoked. Witness testimony that the decedent did not tear up or otherwise revoke the will is important. If a will was last known to be in a particular place (for example, mailed to the probate court), proof that the decedent did not later cancel it helps the proponent’s case.
• Corroborating documents and records. Copies of the will, drafts, witness affidavits, postal tracking and delivery attempts, and any correspondence about the will help the court evaluate the claim.

Practical steps to take right away

1. Contact the probate court clerk where the will was being filed and tell them the original is missing or damaged. The clerk can explain local procedures and may flag the estate file.
2. Preserve and collect evidence: keep any copy of the will, drafts, emails, the mailing receipt, the tracking number, and any proof of delivery attempts. Request the USPS or carrier’s records (for example, a claim or delivery scan) at https://www.usps.com/help/claims.htm.
3. Identify and obtain affidavits from the witnesses who saw the decedent sign the will or who are familiar with its contents. A notarized affidavit from a subscribing witness is often persuasive to a court.
4. File a petition with the probate court asking the court to admit secondary evidence (a copy or testimony) in lieu of the original. Ask the clerk about required forms and notice to interested parties.
5. Consider hiring an attorney with Connecticut probate experience to prepare the petition, collect evidence, and represent you at any hearing. Probate judges weigh competing claims carefully when an original is missing.

What to expect at a hearing

The court may schedule a hearing where the proponent must present testimony and documentary evidence showing the will’s execution and nonrevocation. Interested persons (heirs, beneficiaries, creditors) may object. The probate judge will evaluate credibility and the totality of the evidence before deciding whether to admit the will or a copy. If the court admits a copy, it may probate the estate according to that document’s terms.

Timing and practical limits

Act promptly. The sooner you notify the probate court and begin assembling evidence, the better your chances of admitting a lost or damaged will. Waiting can increase the difficulty of proving the will’s contents or intent and may permit other parties to take competing steps in the estate administration.

Where to find official Connecticut resources

• Connecticut Probate Court website (procedures and local clerks): https://probate.ct.gov
• Connecticut General Assembly (search statutes and legislative materials): https://www.cga.ct.gov

Final note: Connecticut probate judges have discretion and will require convincing proof before admitting a will when the original cannot be produced. Courts balance protecting the decedent’s intent against preventing fraud. A well-documented petition and reliable witness testimony greatly improve the chances of success.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For help specific to your situation, consult a licensed Connecticut probate attorney.