Detailed answer — what to expect and the legal path in Maine

If the original will is lost or damaged while being mailed to the probate court, the will can still sometimes be admitted to probate in Maine. The probate system focuses on two main questions: (1) whether the will was validly executed by the testator, and (2) whether the absence of the original is explained (for example, lost or destroyed) and the will’s contents can be proved.

Under Maine’s probate framework (Title 18‑B, Maine Probate Code), a court may accept secondary evidence of the will’s contents when the original cannot be produced. That means copies, witness testimony, and other records can be used to prove what the will said and that the testator signed it properly. The person asking the court to admit the will must typically:

• show that the testator validly executed the will (signatures, attesting witnesses, or other proof);
• explain why the original is not available (for example, lost or destroyed in the mail and not intentionally revoked); and
• prove the contents of the will by admissible secondary evidence.

Courts generally require persuasive proof — often described as clear and convincing evidence — before admitting a will without the original. That proof can include:

• a clean, complete copy of the will;
• affidavits or live testimony from the witnesses who saw the testator sign the will;
• evidence that the testator did not revoke the will after signing it (no later will, no physical act of revocation);
• correspondence, drafts, or other records showing the testator’s intent; and
• proof of mailing, tracking records, or postal loss/damage reports to explain the original’s absence.

Practical steps in Maine if the original was lost or damaged in transit:

1. Contact the probate court clerk immediately. Explain the situation and ask how they prefer the matter be handled. Probate clerks can tell you which local filings or petitions are required.
2. Keep and gather all proof of mailing and delivery attempts: tracking numbers, certified-mail receipts, return‑to‑sender notices, photos of damaged envelope or will, notifications from the post office, and any incident reports.
3. Request and keep a copy of the will (if you have one). A signed copy, photocopy, or electronic scan will be important evidence.
4. Locate and obtain affidavits from the witnesses who observed the testator execute the will. Witness testimony carries significant weight in proving due execution.
5. File the appropriate petition with the probate court to admit the will despite the absence of the original. In many cases, this is a petition to admit a lost or destroyed will and will ask the court to consider secondary evidence of the will’s contents.
6. Consider filing a postal claim or police report if the envelope was damaged or the will disappeared under suspicious circumstances.
7. Hire a Maine probate attorney. The attorney can prepare the petition, gather admissible evidence, and present the case at a hearing if required.

For Maine’s statutory framework on probate and wills, see the Maine Probate Code (Title 18‑B). The text of the Code and the probate court’s procedures are available from the Maine Legislature and the Maine Judicial Branch:

• Maine Legislature — Title 18‑B (Probate Code): https://legislature.maine.gov/statutes/18-B/
• Maine Judicial Branch — Probate Court information: https://www.courts.maine.gov/ (see the Probate Court section for local procedures)

Because courts evaluate missing-original cases carefully, timely and well-documented proof improves the chance the will will be admitted. If the court is not satisfied, it may refuse admission, in which case estate distribution will follow any valid alternative (a later valid will or Maine intestacy rules).

Helpful hints — practical checklist if you suspect a mailed original will was lost or damaged

• Act quickly: contact the probate clerk and the sender/recipient immediately.
• Preserve all evidence of mailing: tracking numbers, certified-mail receipts, postal incident reports, photos of damaged mail, and any notices from the post office.
• Get a copy: locate and copy any draft, emailed or scanned version, or photocopy of the will.
• Collect witness affidavits: sworn statements from people who saw the testator sign the will are very valuable.
• Document the testator’s intent: emails, notes, or other records showing the testator intended the copy to be their will help the court.
• Be transparent: disclose any knowledge of subsequent wills or physical revocation; hiding facts can harm your case.
• Consider postal claim and law‑enforcement reports if theft or tampering is suspected.
• Consult a probate attorney in Maine early — they can prepare the petition and guide you through hearings and evidentiary requirements.
• Prepare for a hearing: courts may require live testimony and will review affidavits and documentary evidence before admitting a will without the original.