Detailed answer: what makes a will an “original” in Kansas and how to verify it

Under Kansas practice, an “original” will is the signed physical document executed by the testator (the person who made the will) and, where required, witnessed and/or self-proved according to the state’s requirements. The probate court generally prefers to admit the original will when the estate is opened. If you only have a copy, the court may still consider it, but you will usually need extra proof to admit it.

1. Look for the testator’s original signature

The most important feature of an original will is the testator’s original signature. A photocopy or scanned copy will show a duplicated image of the signature, but an original shows ink or impression on the paper. Examine the signature area for ink saturation, pen pressure, or indentations that indicate the signature was written on that sheet.

2. Check for witness signatures and a self-proving affidavit

Most Kansas wills are signed in the presence of two witnesses. If a will is “self-proved,” the witness signatures are accompanied by a notarized affidavit (signed by the testator and witnesses before a notary). A self-proving affidavit speeds probate because the affidavit substitutes for live witness testimony. If you see a notary seal (embossed or stamped) and an affidavit block signed and notarized, that is a strong sign you have the original.

3. Observe physical and forensic clues

Carefully examine the paper for signs an original pen was used: varying ink density, pen indentations, impressed strokes on the back of the page, or an embossing seal from a notary. Originals may have staples, pen bleeding, or other irregularities that copies lack. If you suspect a copy, hold the sheet up to bright light to see impressions and watermarks. Keep the document in a safe place and avoid handling it more than necessary.

4. Ask about chain of custody

Ask the person who gave you the document where it came from (e.g., the testator’s home safe, a lawyer’s office, or a bank safe deposit box) and whether anyone else handled it. Reliable information about where the document was stored and who touched it helps support a claim that it is the original.

5. Compare with copies or drafts

If you have multiple versions, compare them. An original may contain handwritten changes, initials, or unique marks not present on copies. If an attorney or a notary previously held the original, contact that attorney or notary to determine whether they still have the original or if they provided you a certified copy.

6. If you suspect you only have a copy: how Kansas law treats copies and lost wills

Even if you do not have an original, Kansas law allows the probate court to admit a copy of a will in some situations, but you will need to prove the copy correctly represents a duly executed will and that the original was lost or destroyed without the testator’s intent to revoke it. The rules regarding execution, admission, and lost wills fall under Kansas’ decedents’ estates statutes. See Kansas statutes on decedents’ estates: K.S.A. Chapter 59.

7. What to do if you are preparing to open probate

If you are planning to file the will with a Kansas probate court (to begin administration of the estate), bring the original will if you have it. Most probate clerks will require or strongly prefer the original. If you only have a copy, be prepared to explain why the original is unavailable and to gather supporting evidence such as:

• Testimony or affidavits from people who witnessed the will being signed.
• A written statement from the person who provided the copy explaining how they obtained it and what happened to the original.
• Any communications (email, text, notes) from the decedent or their lawyer that identify the document as the decedent’s will.
• Attorney file copies or records from the notary or law firm that drafted the will.

8. When to call the probate court or a lawyer

If the status of the document is unclear or if you expect disputes (for example, family members may challenge whether a copy is authentic), contact the county probate clerk for filing procedures and deadlines. You should also consider consulting a Kansas attorney experienced in probate and estate matters. They can advise you about the admissibility of a copy and, if necessary, how to present evidence that the copy represents the deceased’s valid will.

For general reference about Kansas probate procedures and forms, see the Kansas Judicial Branch website: https://www.kscourts.org/, and the Kansas statutes on decedents’ estates: https://www.ksrevisor.org/statutes/chapters/ch59/.

Helpful hints: quick checklist to verify an original will in Kansas

• Check for the testator’s original signature and for two witness signatures (or a notary affidavit for a self-proved will).
• Look for a notary seal and an attached self-proving affidavit; those usually show the document is original and properly executed.
• Examine the paper under light for indentations, ink variation, and watermarking that indicate an original.
• Ask where the document was stored and who had access; document the chain of custody in writing.
• If you only have a copy, collect witness statements, attorney files, and any communications that identify the will as the decedent’s final will.
• Do not sign, alter, or staple anything to the potential original. Handle it minimally and store it flat in a protective folder.
• Contact the county probate clerk for local filing rules and deadlines before opening an estate in Kansas.
• If anyone contests the will or the original cannot be found, speak with a probate attorney to prepare evidence for court regarding due execution and loss or destruction of the original.