Detailed Answer — How to tell whether the will you have is the original

1. What “original” means

An “original” will is the singular, primary signed document that the testator (the person who made the will) executed according to the state’s legal requirements. An original will is typically the only document courts expect to be presented for probate. Photocopies, scans, or facsimiles are copies and are not treated the same as an original paper will unless the original has been lost or destroyed and certain legal conditions are met.

2. Physical signs to look for

• Original signatures: The testator’s handwritten signature should appear on the document. Likewise, the witnesses’ signatures (if required) should be original ink signatures, not typed names.
• Witness attestation clause: Many wills contain an attestation clause near the signature block stating that witnesses saw the testator sign and that the will was executed according to law.
• Self‑proving affidavit or notarization: A “self‑proving” affidavit is a sworn statement (often notarized) attached to the will that recites the facts of execution and can allow the will to be admitted to probate without live witness testimony. If present and notarized, that strongly indicates the document is (or was intended to be) the original.
• Paper and ink characteristics: Originals often show consistent paper type, watermarks, or pen ink variations. Copies or scans typically lack these tactile indicators.
• Staples, attachments, or indentations: Originals sometimes have original attachments (e.g., schedules), or physical indentations from signing that are not visible on a photocopy.

3. Who likely holds the original?

Common places originals are kept:

• With the attorney who prepared the will.
• In a safe deposit box at the testator’s bank (access may require a court order after the testator’s death).
• Among the testator’s important papers at home in a locked place.
• Filed with the county clerk or probate court in rare cases (some attorneys or registries keep filings).

4. How Montana law treats originals and copies

Montana’s probate statutes and rules require a properly executed will to be offered to the probate court to start estate administration. Courts prefer to see the original will. If only a copy exists, Montana law permits the probate court to admit a copy if the original was lost or destroyed and the proponent proves the copy’s authenticity and the original’s absence. For Montana statutes and rules governing wills and probate, see the Montana Code Annotated, Title 72 (Probate and Property Transfer at Death): https://leg.mt.gov/bills/mca/title_72/.

5. Steps you can take right now to confirm originality

1. Examine the document closely: Look for original ink signatures of the testator and witnesses, and for a self‑proving affidavit (notarized). Photocopies usually have uniform toner/ink that differs from handwritten pen strokes.
2. Ask the person who gave it to you: If someone handed you the document, ask where they obtained it and whether they know where the original is stored.
3. Contact the attorney who prepared the will: The drafting lawyer may have the original or know where it is kept. Attorneys often keep original wills or file a copy and note where the original is stored.
4. Contact banks and safe deposit box custodians: If you reasonably suspect the original is in a safe deposit box, the bank can explain procedures for access after death (often requiring a court order or executor’s authority).
5. Locate and contact witnesses: If witnesses are available and recall signing the document, their testimony can help establish that a document was properly executed as an original.
6. Check county probate records: Search the local probate court records to see if the will was already filed with the court; some estates are already opened or wills recorded.
7. Compare with other estate documents: Compare the will to other original documents (e.g., original estate planning papers, codicils, or a self‑proving affidavit) to look for consistency in signatures and dates.

6. What to do if the document is only a copy or the original is missing

If the original will cannot be found, Montana law allows a copy to be submitted to probate in many circumstances, but the person who seeks to probate the copy must usually prove two things to the court:

• That the will was validly executed (for example, by witness testimony or a self‑proving affidavit); and
• That the original is lost or destroyed and not being withheld by someone who has possession of it.

The court will evaluate the evidence and decide whether to admit the copy. If the original was intentionally destroyed by the testator (revoked), a copy cannot revive a revoked will. Keep any evidence about the document’s location and any communications about its disposal or retention.

7. When to involve the probate court or an attorney

Contact a probate attorney when:

• You cannot find the original and you need to open probate;
• You suspect someone is hiding or has taken the original;
• There is a dispute among potential heirs about whether a document is original or valid; or
• There are unusual circumstances (for example, allegations of forgery, undue influence, or revocation).

An attorney can help gather witness affidavits, file petitions to access safe deposit boxes, and present evidence to the court to admit a copy if necessary.

8. Practical timeline

Act quickly. Locating an original or securing evidence that it was properly executed is easier near the time of the testator’s death. If you wait, witnesses may move, memories fade, and physical evidence may be lost.

Helpful Hints

• Keep the document safe and avoid making additional copies or alterations. Handle with clean hands and store in a secure place until you speak with an attorney or the court.
• Look for a self‑proving affidavit — it often speeds probate and strongly indicates an original was executed properly.
• Ask the decedent’s attorney or close family members early about the original’s location.
• If the will is in a safe deposit box, do not force entry. Banks have legal procedures for access after death; follow them or seek a court order.
• If you must submit a copy because the original is missing, start collecting witness statements and any other evidence proving proper execution right away.
• Keep a written record of everyone you ask about the will and any responses you receive — dates, names, and what was said can be important later.
• Before you sign any affidavit or paperwork about the will, get legal advice about potential liabilities and responsibilities as a custodian or proponent of a will.