Detailed Answer — what usually happens under North Dakota law

If the original signed will is lost or is damaged while being mailed to the courthouse, the probate court does not automatically refuse to honor the testator’s intentions. North Dakota courts will decide whether the document can still be admitted to probate based on the available evidence.

Two central legal ideas guide the court’s review:

• Presumption of revocation by destruction: If the original will was last in the testator’s possession and cannot be found after death, many courts apply a presumption that the testator intentionally revoked the will by destruction. That presumption is rebuttable with credible evidence that the testator did not intend revocation.
• Admitting copies or secondary evidence: If the original was lost, destroyed without intent to revoke (for example, damaged in the mail), or otherwise unavailable, a court may admit a copy or other secondary evidence of the will’s terms if the proponent proves the copy accurately reflects the testator’s testamentary intent.

In practical terms for North Dakota:

• If the will was damaged in transit but the text or signatures remain legible, file the damaged original with the probate court immediately and explain the damage. The court can decide whether to admit the damaged original.
• If the original is lost in the mail and you have only a copy (paper or digital), you will generally need to file a petition to admit the copy and present evidence to prove the contents and validity of the lost original.
• If the original was last known to be in the testator’s possession and cannot be located after death, expect the court to consider whether the will was intentionally revoked. Evidence that the testator mailed the will for filing or that the testator used a reliable method of delivery can rebut the presumption of revocation.

North Dakota statutes and probate rules set the process for filing a will, proving lost or destroyed wills, and handling disputes. You can find the North Dakota Century Code and probate resources online: North Dakota Century Code and general court/probate resources at North Dakota Courts. These sites provide the statutes, forms, and local procedures important for a probate filing.

How the court evaluates evidence

The probate court will look for evidence such as:

• An attested copy of the will (a photocopy or a scanned file).
• Testimony or affidavits from the will’s attesting witnesses that the copy accurately reflects the original will and that the testator had the required capacity and intent when signing.
• Postal or delivery records showing the testator mailed the original to the clerk or placed it in a trusted courier service.
• Evidence that the testator would not have revoked the will (e.g., testimony about testator’s statements, lack of a subsequent will, or circumstances showing accidental loss or damage during mailing).

If the proponent of the copy can demonstrate by clear and convincing evidence (or the standard the court applies) that the copy is genuine and that the testator did not revoke the original, the court may admit the copy to probate and carry out the testator’s wishes.

Examples of outcomes

• If a testator mailed the original will to the clerk before death and the envelope was lost in the postal system, the court may accept strong delivery records and witness testimony showing intent to file and admit a copy.
• If the will was last seen in the testator’s home and is missing after death with no evidence of mailing or filing, the court may presume revocation unless the proponent rebuts that presumption with convincing evidence.
• If the original arrives damaged but signatures and content remain legible, the court often admits the damaged original rather than excluding the will.

Practical steps to take right away

1. Stop further mail attempts and check tracking numbers and delivery confirmations.
2. Contact the postal service or carrier to report a lost or damaged item and request official records (e.g., USPS inquiry/claims). See USPS claims for guidance.
3. Collect any copies of the will (drafts, printed copies, scanned files, emails) and preserve them.
4. Identify and collect affidavits from attesting witnesses, the testator’s lawyer, or others who can testify that the copy reflects the original and that the testator intended the document as a will.
5. File a probate petition promptly and explain the loss or damage in the petition. Attach supporting affidavits and carrier records.
6. If anyone contests the will or asserts revocation, be prepared for a court hearing where parties present testimony and documentary evidence.

When to involve an attorney

Because a lost or damaged original often triggers disputes, you should consult a North Dakota probate attorney early. An attorney can:

• Prepare and file the probate petition and necessary affidavits.
• Identify the evidentiary standard the local court requires to admit a copy or damaged original.
• Coordinate preservation of postal/carrier records and witness statements.
• Represent you in hearings and respond to objections about revocation or fraud.

Helpful Hints

• Keep multiple copies (paper and electronic) of a signed will in a safe place. Keep a record of where the original is located.
• Use a reliable delivery method (certified mail or courier with tracking) and keep receipts if you intend to mail the original to a court or attorney.
• If you must mail a will, add a cover letter stating your intention to file it with the probate court and request a return receipt.
• Preserve any damaged original: even partially legible signatures and text can be critical evidence.
• Collect sworn statements from the testator’s witnesses and from the attorney who prepared the will, if any. Witness testimony is often decisive.
• Act quickly after discovering a lost or damaged original. Delay can make it harder to recover postal records and witness memories fade.
• Contact the postal service or carrier immediately to open an investigation and get official documentation of loss or damage.
• If someone contests admission, remain calm and consult counsel — many disputes resolve through evidentiary hearings rather than full trials.

For North Dakota statutory materials and probate procedure resources, start here: North Dakota Century Code and North Dakota Courts. For postal loss/damage procedures, see USPS claims.