Detailed Answer
This section explains how to determine whether a will you received is the original document under New Hampshire law and what to do if the original cannot be located. This is general information only and not legal advice.
What courts generally expect
Probate courts prefer and usually require the original signed will when someone files for probate. The original shows the testator’s signature and the original witness attestations or notarized affidavit. If you only have a copy, the probate court may still admit it, but you will likely need additional proof—such as witness testimony or other clear-and-convincing evidence—that the original existed and was not revoked.
How to check whether a will is the original
- Look for original signatures and witness attestations. Originals typically show the testator’s signature plus witness signatures on the same paper. Check whether witness signatures appear to be signed with the same kind of pen ink and on the same page as the testator’s signature.
- Search for a self-proving affidavit or notary acknowledgment. Many wills include a notary or an affidavit signed by the witnesses (a “self-proving” affidavit). A self-proving affidavit is usually attached to the will and notarized; its presence strongly suggests you have an original.
- Compare physical characteristics. Originals will show consistent paper type, ink aging, and no signs that signatures were added later (look for impressions, ink overlap, or evidence of tampering). Copies often look mechanically printed or photocopied (uniform gray toner, no ink variation).
- Check for handwritten text. Holographic (handwritten) statements and signatures written by the testator can indicate originality. But whether a holographic will is valid depends on state law and the exact circumstances—check with the probate court or an attorney.
- Confirm chain of custody. Ask where the document came from (the testator’s attorney, bank safe-deposit box, home files). An original issued by an attorney or kept in a secure location is more likely to be genuine.
- Contact the witnesses or the drafting attorney. Witnesses (or the attorney who prepared the will) can often confirm whether the will you have is the original and whether they recall signing the same paper you now possess.
- Do not alter or sign the document. Preserve the document exactly as you received it. Alterations can create doubts about authenticity and complicate probate.
If you cannot find an original
If the original will is missing, New Hampshire probate courts can sometimes admit a copy if you can prove the original existed and was not intentionally revoked. That proof typically includes witness testimony, affidavits, correspondence, drafts, or other documents showing the testator’s intent and the contents of the original will.
Where to check for an original
- Attorney or law firm files that handled the testator’s estate planning.
- Safe-deposit boxes at banks (the box may require a court order to open).
- Home safes, desk drawers, or personal filing systems.
- With the person designated as executor or personal representative.
How probate works in New Hampshire
When a person dies, someone (often the named executor or a family member) files a petition with the New Hampshire probate court to admit the will and appoint a personal representative. The probate clerks can tell you whether an original will has already been filed for that decedent in the county where the decedent lived. For general information about probate procedures and filing, see the New Hampshire Probate Division of the Judicial Branch: courts.state.nh.us — Probate Division.
Relevant New Hampshire statutory resources
State statutes govern execution, revocation, and probate of wills. To review the statutes yourself, consult the New Hampshire Revised Statutes Annotated online: gencourt.state.nh.us — NH RSA. If you expect to rely on a particular statute or need a statutory citation for court paperwork, the probate clerk or an attorney can point you to the exact RSA sections that apply to admitting originals and copies.
When to get legal help
If the original will is missing, if signatures are disputed, or if you suspect the will has been altered or fraudulently created, consult a probate attorney promptly. An attorney can help gather evidence, interview witnesses, and prepare a petition or defense for the probate court.
Disclaimer: This information is educational only and does not constitute legal advice. For advice about a specific situation, consult a licensed New Hampshire attorney.
Helpful Hints
- Do not sign, mark, or change the document—preserve the original condition.
- Photograph the document (front and back) and make photocopies before moving it, but keep the original secured.
- Ask whether the will was ever filed with a probate court; clerks can search their records by decedent’s name.
- Contact the attorney who prepared the will—many attorneys keep original wills or a copy and can confirm whether the document you have is the original.
- If the will was in a safe-deposit box, be aware that accessing it may require a court order if you are not a named co-owner or authorized signer.
- Speak to any witnesses as soon as possible while memories are fresh; witness testimony is often decisive if the original is missing.
- Keep a dated log of where the document was found and who had custody—this can help establish chain of custody in probate disputes.
- If you believe the document is a copy, do not destroy it; copies may still be useful as evidence if the original is truly lost or destroyed.