Detailed Answer — What happens if a will is lost or destroyed in New Hampshire?

Short answer: A lost or destroyed will can still be admitted to probate in New Hampshire, but the person asking the court to admit it (the proponent) must prove the will was validly executed and that the decedent did not revoke it. If the proponent cannot meet the court’s requirements, the estate may instead be distributed under New Hampshire’s intestacy rules.

Key legal ideas (plain language)

• Execution: To admit any will, you must show it was properly signed and witnessed when the person made it.
• Loss vs. destruction: If the original document is missing (lost), you must show the contents and execution with secondary evidence (copies, drafts, witness testimony). If the will appears to have been deliberately destroyed, the court treats that destruction as strong evidence the person intended to revoke the will — unless evidence shows otherwise.
• Burden on the proponent: The person asking the court to admit the lost or destroyed will must present convincing evidence of both execution and the absence of revocation.

How a typical probate court handles a lost will (hypothetical)

Hypothetical: Jane Doe dies. Her family cannot find the original signed will. They locate a photocopy and two attesting witnesses who remember signing the will.

1. The family (or the named executor) petitions the probate court in the county where Jane lived to admit the will to probate.
2. They submit the photocopy, declarations (or testimony) from the witnesses that the will was properly executed, and evidence that Jane did not intentionally destroy the original.
3. The court assesses whether the proponent’s proofs are sufficient to establish the will’s contents and validity despite the missing original. If the court is satisfied, it admits the will to probate and estate administration proceeds under its terms.
4. If the court finds the evidence insufficient or finds persuasive proof the decedent intentionally destroyed the will with intent to revoke, the will will not be admitted and the estate will pass according to New Hampshire’s intestacy laws.

Destroyed-by-intent vs. destroyed-accidentally

Destruction by the decedent (for example, burning, tearing, or otherwise destroying the signed original) is commonly treated as evidence of revocation. If someone else destroyed the will without the decedent’s consent or direction, that act does not automatically revoke the will. The probate court looks at the circumstances and the persuasive evidence offered by both sides.

How the court evaluates evidence

• Copies and drafts: A complete, authentic copy of the will helps show the decedent’s testamentary intent and the document’s terms.
• Witness testimony: Testimony from people who saw the decedent sign the will or who recall the will’s terms is highly important.
• Attending witnesses’ affidavits: Courts often accept signed affidavits from witnesses describing the execution and the last known location of the original.
• Other supporting evidence: emails, drafts, notary records (if any), or contemporaneous notes can support the proponent’s case.

If the will is not proved

If the court rejects the attempt to probate the lost or destroyed will, the estate will be distributed according to New Hampshire’s intestacy laws, which allocate assets to surviving spouses, children, and other relatives when no valid will governs distribution.

Statutes and where to look

New Hampshire’s laws on wills and probate appear in the Revised Statutes Annotated (RSA) chapter that governs wills. You can review the state statutes on the New Hampshire General Court website for the statutory rules that apply when a will is lost, destroyed, or contested:

• RSA Chapter 551 — Wills (New Hampshire Revised Statutes Annotated)

Next steps to take if you are dealing with a lost or destroyed will in New Hampshire

1. Search thoroughly for the original: check safes, files, attorneys’ offices, banks, and with family or the decedent’s lawyer.
2. Preserve copies: gather any photocopies, scanned files, drafts, or emailed attachments that show the will’s text.
3. Collect witness statements: identify and ask witnesses who saw the will signed or recall its terms to provide signed declarations or be prepared to testify.
4. File promptly with probate court: start the probate process in the county where the decedent lived as soon as possible to avoid delays and preserve evidence.
5. Consider counsel: probate can be contested. An attorney can prepare the petition, collect admissions from witnesses, and present evidence to the court.

Helpful Hints

• Act quickly. Evidence disappears, memories fade, and deadlines can apply in probate matters.
• Document everything. Dates, places, and written statements from witnesses strengthen a petition to admit a lost will.
• If you find a photocopy, don’t alter it. Keep it in original condition and note where and how it was found.
• Look for contemporaneous records. Emails and drafts can show intent and the will’s contents even if the original is gone.
• If someone admits destroying the original, get a signed statement about why and under whose instruction they acted; that statement can be key evidence of revocation or lack of it.
• Even if you think the will is hopelessly lost, consult the probate court clerk about filing requirements — sometimes a short affidavit is enough to open a case and explore options.