Short answer
You can still open probate and ask an Idaho court to admit a copy of the will, but you must overcome the presumption that a missing original has been revoked. That usually means producing the best available copy, postal or delivery records, and witness affidavits showing the will was validly executed and not intentionally revoked.
Detailed answer — how Idaho handles a lost or damaged original will
Idaho law treats an original will as the primary evidence of a decedent’s testamentary plan. If the paper original cannot be located after death, a court may infer the testator revoked it. However, Idaho courts will allow admission of a will’s terms without the original when the proponent proves the will’s contents and that the decedent did not revoke it.
Key practical and legal points:
- Presumption of revocation: If the original will is missing from the decedent’s papers after death, courts commonly presume the testator revoked it. That shifts the burden to the person offering the will to rebut the presumption.
- Admitting a copy: You can try to admit a copy (paper or electronic) into probate. To succeed you will typically need:
- a reliable copy showing the will’s text,
- evidence the will was properly executed (signatures, witness attestations), and
- evidence that the will was not revoked (witness testimony, mailing records, or other proof showing the original was lost or destroyed accidentally).
- Standard of proof: Courts usually require clear and convincing or otherwise persuasive evidence that the original existed, its contents are accurately reflected in the copy, and the testator did not revoke it.
- Role of witnesses and affidavits: Affidavits from the attesting witnesses (or persons who saw the will last) are often critical. Witnesses can testify about execution, the testator’s state of mind, and that the testator did not revoke the will. Postal employees or tracking records can also help show the disposition of the original.
- Damaged originals: If an original arrives but is damaged (e.g., partly illegible), the court may admit it and use parol evidence or other proof to determine the testator’s intent and the will’s contents. If damage occurred while the document was in the mail, preserving the damaged item and delivery records is important evidence.
Idaho’s probate statutes govern wills and probate procedure. For a starting point to read the statutory framework and related sections, see Idaho Code Title 15, Chapter 2 (Wills):
https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch2/.
Because practice and evidentiary requirements can vary, the local probate court clerk can explain filing steps and required forms for your county’s superior court (probate matters are usually handled in the county superior court). If you proceed, expect to file a petition to admit a copy of the will and supporting affidavits or declarations.
Typical steps to take right away
- Preserve evidence: keep any damaged pages, envelopes, tracking slips, or electronic delivery confirmations.
- Contact the postal service or carrier: file a claim and request records or an incident report documenting loss or damage in transit.
- Collect witness statements: get written, sworn statements from the will’s attesting witnesses, from anyone who last saw the document, and from the person who mailed it.
- Locate copies: find any signed photocopies, emailed PDFs, drafts, or other versions of the will. While a copy is weaker than an original, it is often the key piece of evidence.
- Notify the probate court clerk: ask about the local filing process for admitting a lost-or-destroyed original and what pleadings or forms the court prefers.
- Consider counsel: an attorney who handles Idaho probate can prepare the admission petition, gather affidavits, and present the proof the court needs to admit a copy.
Possible court outcomes
- The court admits the copy (or the damaged original) and probates the estate according to the will’s terms.
- The court finds insufficient proof that the will was not revoked and refuses to admit the copy. The estate then may be distributed under intestacy rules or under a prior valid will if one exists.
- Other contested litigation may follow if heirs or executors challenge authenticity, execution, or revocation.
Helpful Hints
- Act quickly to preserve postal records and any damaged materials — once evidence is lost, it is harder to prove what happened.
- A clear, signed copy plus multiple witness affidavits improve the chances a court will accept a will without the original.
- Keep a copy of your will stored safely and tell your executor where it is. Registered mail, courier with tracking, or filing the original directly with the probate clerk (if available in your county) reduces risk.
- If you mailed the original to the court and it never arrived, request a mail-tracking history or damage report from the carrier — documentary proof carries weight in court.
- Even if you find a damaged original after filing, promptly provide it to the court to avoid disputes about authenticity or revocation.
- Probate procedure and evidentiary standards vary by county and judge; local court clerks can explain filing requirements but cannot give legal advice about strategy.
Where to look for the law and local help
Idaho Code, Title 15 (Probate and Fiduciary Law) contains the statutory framework for wills and probate. Start with Title 15, Chapter 2 (Wills):
https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch2/.
Contact your county superior court clerk’s office for local filing procedures and forms. If you want legal help preparing a petition to admit a lost will or handling a dispute, consider consulting a probate attorney licensed in Idaho.