Connecticut — How to Verify That a Will Is the Original | Connecticut Probate | FastCounsel
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Connecticut — How to Verify That a Will Is the Original

How to confirm a will you received is the original (Connecticut)

Short answer: An original will is the single signed paper or document signed by the testator (the person who made the will) and usually attested by witnesses. To confirm a will is the original in Connecticut, you should inspect the physical document for original signatures or a self‑proving affidavit, preserve the document, and contact the probate court or a probate attorney for verification and next steps. This is general information and not legal advice; consult an attorney for case‑specific guidance.

What Connecticut law requires for a valid will

Under Connecticut probate law, a written will must be signed by the testator and witnessed as required by statute. Connecticut also recognizes a “self‑proving” affidavit attached to a will; when present and properly notarized, it makes proving the will at probate easier. For general statutory text and context from the Connecticut General Assembly, see the statutes and probate resources: Connecticut General Assembly — Statutes and the Judicial Branch probate pages at jud.ct.gov/probate. This article explains how to tell whether a paper you have is the original signed will or merely a copy.

Detailed answer: step‑by‑step verification

1. Look for original signatures and witness attestation

The clearest sign of an original will is original (wet‑ink) signatures of the testator and the witnesses. Many Connecticut wills include an attestation clause near the end that reads that the testator declared the instrument to be their will in the presence of two witnesses, and that the witnesses signed in the testator’s presence. If you see handwritten signatures rather than identical printed or photocopied signature images, that supports the document being an original.

2. Check for a self‑proving affidavit or notarization

Some wills include a self‑proving affidavit: a notarized statement signed by the testator and witnesses that affirms the will’s execution. A properly notarized self‑proving affidavit is strong evidence that the will presented is an original signed document. While notarization is not required to make a will valid in Connecticut, the presence of a notary block and original notary signature/seal is a good indicator the paper is an original, not a simple photocopy.

3. Inspect the paper and ink

Examine the paper and ink closely (or under magnification). Originals typically show variations in ink intensity, indentation from pen pressure, or impressions where a pen crossed the paper. Photocopies or scans usually lack these tactile and visual cues and look flat. If the document contains handwritten changes, look for overlapping ink and correction marks that indicate original handwriting rather than printed markup.

4. Compare known handwriting

If you can, compare the signatures on the document with known, authenticated signatures of the testator and witnesses (for example, on other documents you know are originals). Similarities in slant, pressure, and formation support authenticity. When in doubt, a handwriting expert can provide a professional comparison.

5. Check chain of custody and provenance

Ask how and where you received the will. Who gave it to you? Where was it stored? Was it found among the decedent’s personal effects, kept in a safe deposit box, or delivered by an attorney or a bank? The more logical and traceable the chain of custody, the more reliable the document’s authenticity. If someone produced a box of copies or a printout from a computer without a clear explanation, treat the document with caution.

6. Determine whether the testator is alive or deceased

If the testator is alive, an original will may legally remain in their possession. If the testator is deceased, the original will should normally be filed with the appropriate Connecticut probate court for administration. If you have an original and the testator is deceased, you should deliver it to the probate court in the district where the decedent lived. The probate court will accept and docket the original will and then provide notice to interested persons.

7. Contact the probate court

Contact the local Connecticut probate court for guidance. The probate clerk can tell you whether an original will has already been filed and can explain the filing process. If the decedent is deceased and a will has not yet been filed, you should deliver the original to the probate court promptly. The Connecticut Judicial Branch probate information is at jud.ct.gov/probate. The court will assess whether the will presented is acceptable for probate.

8. Preserve the document and document what you know

Do not alter, sign on, staple or highlight the document. Store it flat and dry, and take high‑quality color photographs of each page for your records. Keep a written record of how you received the will, who had access to it, and any steps you took to verify it. This record can help establish chain of custody if authenticity is later contested.

9. When to involve an attorney or expert

If you find suspicious handwriting, missing or mismatched signatures, signs of tampering, or if multiple contradictory wills surface, consult a Connecticut probate attorney promptly. An attorney can help you: (1) deliver and file the original with probate court, (2) request a formal forensic handwriting or document analysis if needed, and (3) represent you if a will contest or a claim of forgery arises. If you suspect criminal conduct, contact local law enforcement in addition to an attorney.

Common red flags that suggest a copy or forgery

  • Signatures that look like identical printed images or toner patterns rather than handwritten ink.
  • Missing witness signatures or attestation clause when the document otherwise purports to be a formal will.
  • Different inks on signature lines that do not match the rest of the document or show signs of erasure, overlay, or physical tampering.
  • No chain of custody or vague stories about how the paper was found.
  • Duplicate pages, mismatched margins, or inconsistent paper types within the document.

Practical next steps (summary)

  1. Do not alter the document. Photograph and store it securely.
  2. Inspect for original signatures, witness attestation, and a self‑proving affidavit or notary seal.
  3. Ask where the document came from and check whether an original has already been filed with the probate court.
  4. If the testator is deceased, deliver the original to the local Connecticut probate court so it can be docketed.
  5. If you suspect forgery or tampering, consult a probate attorney and consider a forensic document examination.

Helpful hints

  • Keep the original safe. Originals can carry legal weight that copies do not.
  • If you only have a photocopy, still contact the probate court and the decedent’s attorney or family to determine whether an original exists.
  • Self‑proving affidavits make probate easier. If present and notarized, they strongly support authenticity.
  • Probate courts handle filing and proof. Don’t assume a will is invalid just because you find only a copy; a probate clerk can tell you whether an original was previously filed.
  • Be cautious about altering or signing anything related to the will until you speak with a probate attorney.

Where to learn more

For Connecticut statutory law and more detail, consult the Connecticut General Assembly statute pages and the Judicial Branch probate resources: Connecticut General Assembly — Statutes and Connecticut Judicial Branch — Probate. A local probate attorney can review the document and advise on filing, contests, and authenticity issues.

Disclaimer: This article explains general principles about wills and evidence of originality under Connecticut practice. It is educational only and does not constitute legal advice. For advice tailored to your situation, consult a licensed Connecticut attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.