Detailed answer — steps to verify an original will

When someone gives you a document that is claimed to be a decedent’s last will, you should not assume it is the original. Kentucky probate law treats the original will differently from a copy. The original will usually must be presented to the probate court for probate. Below are practical steps and legal considerations to confirm whether a will is the original and how to proceed if it is not.

1. Look for physical signs of originality

• Original signatures in ink: An original will normally contains the testator’s (the person who made the will) signature and the signatures of any required witnesses. The signatures should be ink, not photocopied reproductions.
• Witness signatures and attestations: Kentucky requires the will to be signed in the presence of witnesses. Check for written witness signatures and any attestation clause stating that witnesses signed in the testator’s presence.
• Notary stamp or self-proving affidavit: Many wills include a notary acknowledgment or a self-proving affidavit (a notarized statement signed by the testator and witnesses). A notarized self-proving affidavit can remove the need for live witness testimony at probate. If present, a seal, notary certificate, or original notary signature supports that you have the original document.
• Paper and ink characteristics: Originals are on paper (often heavier stock), with signs of folding, creases, or age. A photocopy will present as flat toner/ink with identical texture across the page.

2. Ask the likely sources

Contact the person or law firm that drafted the will, if known. Many estate attorneys keep original wills or copies and can confirm whether the document you have matches their file and whether they retained the original.

3. Check the testator’s storage places

Search wherever the testator kept important documents: a safe, safe-deposit box, a locked file cabinet, a lawyer’s office, or a trusted family member’s safe. The original might be secured in one of those locations. If a safe-deposit box is involved, the county probate clerk or bank may have procedures for access when the owner dies.

4. Examine whether the will is “self-proved”

Many Kentucky wills include a self-proving affidavit: a sworn, notarized statement signed by the testator and the witnesses. A self-proved will often has a notary seal or stamped certificate on the page. If you find that, the document very likely is an original or a notarized original attachment.

5. If you only have a copy, gather secondary proof

Kentucky courts can sometimes admit a copy of a will if the original is lost or destroyed, but the person seeking probate must provide sufficient proof of the original’s contents and that it was not revoked. Such proof often includes:

• Testimony from attesting witnesses who recall the will’s execution and contents (if witnesses are alive and competent).
• Testimony or records from the attorney who prepared or stored the will.
• Copies of the will dated and in the possession of third parties before the testator’s death (e.g., a lawyer’s file copy, a scanned copy with metadata showing date).
• Evidence showing the original was not revoked intentionally (no proof that the testator destroyed or altered it).

Presenting this type of evidence is more complex and sometimes contested. If you suspect the original is missing and you have only a copy, contact the probate court or an attorney immediately.

6. Presenting the document to probate

If you reasonably believe you have the original, file it with the appropriate Kentucky probate court (usually the district or county court in the decedent’s county of residence). The court clerk will review requirements for probate filing. If the will is self-proved, that simplifies the process because witness testimony may not be required.

7. If the original cannot be found

If the original cannot be located, Kentucky law allows probate of a copy in limited circumstances if you offer convincing proof of the will’s terms and validity. You will likely need testimony or other admissible evidence to establish execution and nonrevocation. Expect the court to scrutinize the claim more closely when only a copy exists.

8. When to get a lawyer

Because contests, claims of fraud, or questions about revocation can arise, consult a probate attorney if:

• The will lacks clear original signatures or notary marks.
• The original is missing and people disagree over its contents or validity.
• You expect heirs or creditors to contest the probate.

Kentucky legal references

For general statutory information and to research Kentucky probate rules and will requirements, see the Kentucky Revised Statutes and Kentucky Court of Justice resources:

• Kentucky Revised Statutes (search and browse): https://apps.legislature.ky.gov/statutes/
• Kentucky Court of Justice — general probate information and forms: https://kycourts.gov/

These resources explain probate practice and the formal requirements for wills under Kentucky law. If you need citation to a specific statute (for example, rules about attestation, self-proving affidavits, or proof of lost wills), a probate attorney or the county court clerk can point you to the precise statute and local procedures.

Helpful Hints

• Do not alter, staple, or mark the will. Preserve it exactly as you received it.
• Make a dated photocopy or scan for your records, but keep the original safe and separate.
• Photograph any notary stamps, witness signatures, and any unique marks on the document for identification.
• Ask the person who provided the document how they obtained it and whether they know of an original location (attorney, safe-deposit box, home safe).
• If you find an original in a safe-deposit box, be aware banks often require a court order or executor to open it after death; contact the probate court clerk for the correct procedure.
• If you only have a copy, immediately seek witness names, attorney contacts, or any electronic records that can corroborate the original’s existence.
• File the document promptly with the local probate court when appropriate; delays can complicate matters.
• When in doubt, consult a Kentucky probate attorney before filing or distributing estate property.