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Detailed answer — overview and legal framework

When an original will is lost or damaged in transit to the clerk’s office, the probate process in Kentucky can still go forward, but the route depends on what evidence is available about the will’s existence, contents, and proper execution.

Primary considerations

• The probate court prefers to admit the original will if it can be produced. If the original cannot be located because it was lost or destroyed in the mail, Kentucky courts will consider secondary evidence to prove the will’s terms and that it was properly executed.
• The person seeking to admit a copy bears the burden of proving the copy accurately reflects the original and that the original was properly executed and not revoked. Courts typically require strong (often clear and convincing) evidence before admitting a copy.
• Court procedures, notice to heirs/creditors, and any required filings still apply even if you do not have the original document. You must follow Kentucky probate rules and the local court’s filing requirements.

What Kentucky law and courts consider

Kentucky statutes and probate practice govern wills, probate procedure, and evidence rules. For general statutory guidance see the Kentucky Revised Statutes and the Kentucky Court of Justice resources:

• Kentucky Revised Statutes (statutes overview)
• Kentucky Court of Justice (probate and court procedures)

How a court typically handles a lost or damaged original

1. Immediate steps: notify the probate clerk, preserve any tracking/mailed receipts, and ask the clerk whether the mailed packet arrived damaged. If the post office or a carrier lost or damaged the packet, get a written report or claim number from the carrier.
2. File a petition: file the probate petition that asks the court to open probate and, if needed, to admit a copy of the will (often called a petition to admit copy of will or to prove lost will). Include facts explaining how the original was lost or destroyed in transit.
3. Present secondary evidence of the will’s contents and execution: the court will expect evidence such as a clean photocopy of the will, a self-proving affidavit or notarization if one exists, testimony from the subscribing witnesses (or affidavits from them), email or draft versions, or other contemporaneous records that confirm the will’s text and the testator’s intent.
4. Prove non-revocation: the moving party must show the testator did not revoke the will before death. Evidence that the testator retained the will and intended it to remain valid is important. If the testator later destroyed a will, that typically shows revocation.
5. Court discretion and standard of proof: the probate judge has discretion. Expect the court to require persuasive proof (often described in case law as clear and convincing) of the will’s contents and validity before admitting a copy in place of the original.
6. If admitted, a copy is treated as the testator’s will for probate purposes unless evidence later shows revocation or the original appears and contradicts the copy.

If the original is later found

If the original will turns up after a copy has been admitted, the court will consider whether the original changes the result—particularly whether the original was destroyed or altered by the testator (which can indicate revocation). If the original differs from the copy admitted, the court may reopen the estate to resolve the conflict.

Why timely action matters

Delays can complicate proof. Collect evidentiary materials quickly: post office or carrier reports, mailing receipts, tracking records, witness contact information, any drafts, and copies. Prompt action helps preserve witness memories and physical evidence (like damaged envelopes or tracking confirmations).

Practical steps to take right away

1. Contact the probate clerk where you intended to file. Ask whether the mailing arrived, whether any portion was returned, and whether the clerk accepts provisional filings or electronic filings that you can use while you prove the lost original.
2. Contact the carrier (USPS, FedEx, UPS) immediately and open a lost/damaged mail claim. Keep the claim number and any written reports.
3. Gather all available copies and supporting documents: photocopies of the will, an emailed draft, a self-proving affidavit, certified mail receipts or tracking printouts, and any correspondence confirming the will’s contents.
4. Locate and interview the witnesses who signed the will. Witness testimony or sworn affidavits can be the most persuasive evidence to prove execution and content if the original is gone.
5. Prepare and file a petition to admit the copy or to prove the lost will. The petition should explain the loss/damage, attach copies, and identify witnesses and evidence you will present.
6. Consider hiring a probate attorney. An attorney can prepare the petition, collect admissible evidence, and present proof at the hearing so the court will admit the will copy if appropriate.

Helpful hints

• Use certified or tracked mail for estate filings when possible. Keep receipts and tracking numbers.
• Keep clean photocopies and electronic copies of executed wills and the self-proving affidavit in multiple safe places (not all in the same mailed package).
• If you are the executor, don’t delay filing probate because an original is missing. File the required paperwork and explain the situation to the court; the judge can direct how to proceed.
• Witnesses are critical. If a witness is unavailable or deceased, contemporaneous copies, drafts, or other documentation may still help, but the case may be harder to prove.
• If you suspect someone intentionally destroyed the will (to revoke it), tell your attorney; intentional destruction by the testator can be a valid revocation and changes how the court will rule.
• Keep records of communications with the carrier and the court — dates, names, and claim or reference numbers matter.
• Ask the clerk about local procedures and required forms. Local rules can affect timing and evidence needed for a hearing.