Detailed Answer

Short answer: Minnesota probate courts prefer to see the original will, but a lost or damaged original sent to the courthouse does not automatically void the testator’s intent. You can usually ask the court to admit a copy of the will (or to reconstruct the will) by proving the will was properly executed and that the original was lost or destroyed without the testator’s intent to revoke it.

What Minnesota law says (where to start)

Wills and probate procedure in Minnesota are governed by Minnesota Statutes, chapter 524. For an overview of probate practice in Minnesota, see the Minnesota statutes on probate: https://www.revisor.mn.gov/statutes/cite/524. The Minnesota Judicial Branch also provides practical probate guidance: https://www.mncourts.gov/Help-Topics/Probate.aspx.

Why the original matters

Courts admit original wills because the original document prevents fraud and provides direct evidence of the testator’s signature and testamentary language. When an original is missing or damaged, the court must decide whether the copy or other proof reliably shows the testator’s final wishes and that no valid revocation occurred.

Typical legal path if the original is lost or damaged in the mail

1. Preserve evidence and document what happened: Keep any damaged pages, mail tracking records, receipts, and communications with the post office or courier. Ask the clerk of court whether they received anything and whether they have a chain-of-custody record.
2. Search for the original: Check with the sender (attorney or executor), the courthouse, the post office (request a mail trace), and any person who might have received or intercepted the package.
3. Locate copies and supporting materials: Gather photocopies, email attachments, drafts, signed self-proving affidavits, or other documents that show the will’s text and signing. If there is a self-proving affidavit or notarized certificate attached to a copy, that strengthens the proof.
4. Find witnesses: Identify the attesting witnesses who saw the testator sign. Their testimony about execution, the testator’s capacity, and that the will was in the testator’s possession after signing is often decisive.
5. File the appropriate petition with the probate court: Typically you will petition the court to admit a copy of the will (or to admit a reconstructed will) on the grounds that the original was lost or destroyed. Expect to issue affidavits and possibly appear at a hearing.

What the court will want to see

• Proof the will was properly executed (signature and attestation). Witness testimony or a self-proving affidavit helps.
• Evidence the original was lost or destroyed inadvertently (for example, lost in mail) and not revoked by the testator.
• Reliable evidence of the will’s contents, such as a clear photocopy, draft that matches, electronic copy, or witness recollection.
• Chain-of-custody or mailing records showing where and when the original was mailed and when it disappeared or was damaged.

Possible outcomes

• The court admits a copy or reconstructed version of the will to probate if the court finds the proof sufficient.
• The court denies admission if the evidence is insufficient, in which case intestacy rules (default inheritance) or a prior valid will may control distribution.
• The admission may be contested by heirs or beneficiaries, which can lead to litigation and delay.

Practical tips for immediate action

If you learn the original was lost or damaged in the mail:

• Contact the post office or courier immediately and request a trace or investigation.
• Notify the probate court’s clerk that the original was sent and ask for their guidance on how they received it (if at all).
• Preserve any damaged pages or packaging; do not discard them.
• Collect all copies and related documents and get signed affidavits from witnesses who can confirm execution and contents.
• Talk to a Minnesota probate attorney promptly. Courts treat missing originals as higher-risk issues that benefit from experienced presentation.

Why a copy is not always enough and what helps most

A copy is weaker than an original because it’s easier to claim forgery or alteration. Evidence that strengthens a copy includes: a self-proving affidavit attached to the copy, credible attesting witnesses who will testify the copy matches the original they saw, email or draft history, and documentation from the mailing/courier showing the original left the sender but never arrived.

Timing and cost considerations

Admitting a lost or destroyed will often adds time and expense to probate. Expect the process to take longer than a straightforward probate that includes an original. The court may require notice to interested persons and allow contests. If the estate has potential disputes, litigation costs can rise.

Helpful Hints

• Always keep the original will in a safe place (attorney trust, safe-deposit box, or secure home safe). Give the executor instructions on where to find it.
• Attach a self-proving affidavit at signing when possible; that document makes later proof easier.
• When sending originals to court, use tracked, insured delivery and keep receipts and tracking numbers.
• Keep multiple dated copies and store an electronic PDF of the final will in a secure location.
• If a mailed original goes missing, pull mail-trace records immediately and get written statements from anyone who handled or mailed the will.
• If you are an executor or beneficiary, contact an attorney early to prepare the affidavits and petition the court correctly.

Where to learn more: Start with Minnesota Statutes, chapter 524 for the statutory framework: https://www.revisor.mn.gov/statutes/cite/524, and the Minnesota Judicial Branch probate resource page: https://www.mncourts.gov/Help-Topics/Probate.aspx.

Disclaimer

This information is educational only and is not legal advice. I am not a lawyer. If you face a lost-or-damaged will situation in Minnesota, consult a licensed Minnesota probate attorney to get advice tailored to your facts.