How to Confirm That a Will Is the Original: Practical Steps under Mississippi Law

Short answer: Protect the document, do not alter it, and take clear steps to verify whether the document in your possession is the original will. In Mississippi, original wills are generally filed for probate in the county chancery court where the decedent lived. If you cannot find an original, Mississippi law provides routes to try to probate a copy, but that requires proof of loss or destruction and additional evidence.

Detailed answer

This section explains how to tell if a will is the original and what to do next under Mississippi practice.

1. What counts as an “original” will?

An original will is the signed physical document executed by the testator (the person who made the will). Key features to look for include:

• Hand-signed signature of the testator (not a photocopy of a signature).
• Signatures of the required witnesses in the testator’s presence (if applicable).
• Any attached notary acknowledgment or a self-proving affidavit (helps avoid witness testimony at the time of probate).
• Paper characteristics (ink impressions, indentations, security watermark or original printer paper rather than photocopy texture).

2. Immediate practical steps if you have the document

1. Do not sign, mark, staple, fold more, or otherwise alter the document.
2. Keep the will in a safe, dry place. Preserve chain of custody: document who has had the document and when.
3. Take clear color photographs of each page (front and back) for your records. Do not create new marks on the original when taking photos.
4. Check the document for a self-proving affidavit or notary block. In Mississippi, many wills are executed with a self-proving affidavit that a notary and witnesses sign and attach so the will can be admitted to probate without live witness testimony. That attached affidavit is often decisive in practice.

3. Where to check whether an original was already filed

In Mississippi, wills are usually filed with the chancery court in the county where the decedent was domiciled when they died. Contact the county chancery court clerk (or visit the chancery court website) and ask whether a will was filed for the decedent. Many counties maintain a probate or estate division through the chancery court.

Mississippi courts website: https://courts.ms.gov/

4. If you have only a copy (not the original)

Mississippi law permits admission of a copy of a will when the original cannot be produced because it was lost or destroyed, but that requires evidence showing:

• The original was validly executed; and
• There is sufficient proof that the original cannot be located, or proof of its destruction, and that the copy is authentic.

That proof commonly takes the form of witness testimony (people who saw the testator sign the original), the self-proving affidavit (if present on a copy), or other documentary evidence. If you suspect the original was destroyed intentionally or there are signs of tampering, a probate attorney can help assess claims such as fraud or undue influence.

5. When to get professional help

Contact a probate attorney if:

• You cannot find an original and the estate has significant assets or disputes among family members.
• You suspect the document is fraudulent or a copy created to substitute for a different original.
• You need to admit a copy to the chancery court and require help gathering witness affidavits and other proof.

6. Forensic and evidentiary options

If authenticity is contested, parties sometimes use document examiners to analyze ink, paper, and handwriting. The chancery court will weigh that evidence along with witness testimony and any record of filing. A lawyer can help you decide whether forensic testing is cost-effective given the size of the estate and the issues in dispute.

7. Mississippi statutory reference

Mississippi statutory law governing wills and their probate is codified in Title 91 (Wills) of the Mississippi Code. For information about will execution, self-proved wills, and probate practice, see the Mississippi statutes on wills: https://www.mscode.ms.gov/Statutes/Title/91/. For chancery-court probate practice and local filing, consult your county chancery court clerk or the Mississippi Courts website: https://courts.ms.gov/.

Helpful Hints

• Preserve the document exactly as found. Altering the document can undermine admissibility and raise suspicions.
• Look for a self-proving affidavit attached to the will—this makes admission to probate faster because witnesses usually do not need to testify in person.
• Contact the county chancery court clerk where the decedent lived to ask whether an original will is already filed. Clerks can often tell you whether a will is on record and the case number for probate proceedings.
• If you only have a copy, start collecting evidence right away: witness names, where the original was kept, any circumstances of loss or destruction, and any email or digital correspondence referencing the original will.
• If family members contest the will or you suspect forgery, do not try to resolve the matter on your own. Hire a Mississippi probate attorney to protect the estate and to guide you through filing for admission of a copy or contesting a document.
• Keep communication documented. Send and keep written notices to interested parties and beneficiaries about the existence of the will and steps you are taking.
• Consider confidentiality. Probate disputes can become public record once filed in chancery court; consult an attorney about timing and strategy.

Disclaimer: This article provides general information about Mississippi probate practice and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Mississippi attorney familiar with probate and estate matters.