Detailed Answer
Short answer: The probate court needs the original signed will in almost every case. To confirm whether a document is the original will under Maine law, check the document itself (signatures, witness attestations, notarized self-proving affidavit), preserve and document the physical paper, and bring it promptly to the local probate court. If you can’t produce an original, Maine probate procedures allow the court to consider a copy only if there is compelling proof the original was validly executed and why it cannot be produced.
How to tell if the paper you have is the original
- Look for the testator’s original signature. Originals usually contain an ink signature from the person who made the will (the testator). Typed or photocopied signatures are signs of a copy.
- Check for witness signatures and attestation clause. Most wills include a short attestation clause and signatures from two or more attesting witnesses immediately after the testator’s signature. If those signatures are in ink and match other known originals, that supports originality.
- Find a self-proving affidavit or notarization. Many Maine wills include a notary signature and a sworn affidavit (a “self-proving” form) that makes admitting the will easier. A notarized, signed affidavit attached to the will is strong evidence of an original.
- Examine the paper and ink. Originals are on single sheets with original ink, indentation, pen pressure, or handwriting variations. Photocopies usually have uniform toner appearance and lack ink depth. Also look for staples, original folds, and any handwritten marginalia that appear to be in the testator’s hand.
- Compare to other records. If the decedent stored other signed documents (letters, contracts), compare signatures and handwriting characteristics to help determine authenticity.
What to do immediately when you receive a suspected original
- Do not alter, erase, or add anything to the document. Keep it exactly as you found it.
- Preserve a clear photograph (full page and close-ups of signatures) for your records, but keep the physical paper secure.
- Note where you found it and who handled it. Record the chain of custody: who had access and dates/times.
- Deliver the document promptly to the local probate court or contact a probate attorney for guidance. Many courts require the original to open an estate.
How Maine probate handles originals and copies
Maine probate courts give preference to the original will when admitting a will to probate. If you present only a copy, the court will usually require testimony or other admissible evidence proving the will’s due execution and explaining why the original cannot be produced. Where a will has been lost or destroyed, a copy may be admitted if there is satisfactory proof of the will’s contents and of either:
- Due execution (testator and witnesses signed properly), or
- That the testator did not revoke the will.
Because the precise procedures and evidentiary standards are set by Maine probate practice and statutes, bring any supporting evidence (witness affidavits, prior drafts, photocopies, correspondence, notary records) when you petition the court. For general information about probate and wills in Maine, see the Maine Judicial Branch probate pages: https://www.courts.maine.gov. For Maine statutes and legislative resources, see the Maine Legislature: https://legislature.maine.gov.
Common scenarios and next steps
- Document appears original with signatures and self-proving affidavit: File it with the probate court where the decedent lived. The court will generally accept it and open an estate file.
- Only a photocopy or digital image is available: Locate the attesting witnesses or a notary to provide affidavits about execution. Prepare to explain why the original is missing. You may need to file a petition to admit a lost will and present evidence under oath.
- Signatures look suspicious or altered: Do not file the document. Contact a probate attorney immediately. The court may order a forensic handwriting examination or other investigation.
- Original was in a safe-deposit box: The probate court or a bank’s procedures will control access. Contact the bank and the probate court to learn the required steps to retrieve and file the original.
When to get legal help
If you suspect the will is not original, has been tampered with, or the testator’s signature is in dispute, consult a probate attorney. An attorney can help you gather witness affidavits, prepare the petition to admit a will that lacks an original, and represent you at hearings.
Helpful Hints
- Always preserve the physical document. Photograph it but keep the paper in a secure, dry place until you file it.
- Find and talk to the attesting witnesses as soon as possible. Their sworn statements are often decisive.
- Look for a self-proving affidavit (notarized affidavit attached to the will). That often removes the need for live testimony at probate.
- Check likely storage locations quickly: safe-deposit boxes, lawyers’ or banks’ records, home files, or with the decedent’s regular notary or attorney.
- If you must file a copy, gather supporting proof: earlier drafts, dated correspondence, bank or insurance beneficiary changes, and witness affidavits explaining the missing original.
- Do not sign, fold, annotate, or staple anything to the will after you receive it—doing so can raise questions about alteration.
- Contact the local probate court clerk for practical steps to file a will. Clerks can explain filing procedures but not give legal advice.
Disclaimer: This is general information about Maine probate practice and not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a qualified Maine probate attorney.