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Detailed Answer — How to confirm a will is the original document under Oregon law

When you get a document that is claimed to be a decedent’s will, the most important first question is whether you have the original signed paper (the “original”) or only a copy. Under Oregon law, courts generally expect the original will when someone files an estate for probate. If the original cannot be produced, a copy can sometimes be admitted, but the person offering the copy must provide additional proof about the will’s authenticity and the will’s proper execution. For Oregon’s rules about wills and execution, see Oregon Revised Statutes, Chapter 112: ORS Chapter 112 (Wills).

Step-by-step checks you can do right away

1. Look for original signatures and witness signatures. An original will normally contains the testator’s (person who made the will) signature. If the will was formally witnessed, there should also be the signatures of the required number of witnesses. In Oregon, formal execution requirements are set out in ORS Chapter 112 (linked above).
2. Check for a self-proving affidavit or notarization. Many wills include a notary or a self-proving affidavit signed by witnesses and notarized. A self-proving affidavit speeds probate because the court may accept the affidavit instead of calling witnesses to testify. If an affidavit and notary seal appear to be originals (raised seal, original ink), that supports that you have an original document.
3. Inspect the paper and ink closely. Hold the document to the light to see watermark and paper thickness. Original ink signatures often have slight differences in tone and may show indentations from pen pressure that do not show in photocopies. Photocopies usually have flat, uniform ink tone and may show scanning artifacts.
4. Look for physical signs of an original. Originals often have fold lines from being mailed or stored, paper texture, or impressions where the pen pressed through. Originals may also include staples, attachments, or handwritten marginal notes that are in the testator’s handwriting.
5. Compare with known handwriting samples. If you have other documents signed by the testator (bank signatures, letters), compare the signatures and handwriting style. If signatures match in distinctive ways, that supports authenticity. Do not attempt to alter or clean the document.
6. Ask about chain of custody. Who had the will before you received it? Where was it kept (attorney’s office, safe deposit box, home)? A clear, credible chain of custody supports that the document is the original.

When an expert check can help

If you still doubt whether the document is an original, consider these steps before filing for probate or contesting the document:

• Have a probate attorney review the document. An attorney can identify whether the document appears properly executed under Oregon rules and advise whether the original is required for court filing.
• If necessary in a dispute, a forensic document examiner can analyze ink, paper, indented writing, and signatures. That is typically used only in contested cases because it can be costly.

What to do if you only have a copy

If the original cannot be located and you only have a copy, Oregon courts may allow the copy into probate, but the person asking the court to admit the copy will need to present evidence proving both (1) the original once existed and was properly executed and (2) the original cannot be found after a diligent search. That often requires sworn testimony from witnesses who saw the testator sign or who can attest to the original’s loss. See ORS Chapter 112 for statutes about proof and execution of wills: https://www.oregonlegislature.gov/bills_laws/ors/ors112.html.

Practical next steps to protect the document and your position

• Do not alter, mark, or attempt to clean the document. Preserve it exactly as you received it.
• Make a high-resolution photographic record (photos of front and back) for your records, but keep the physical document safe in a sealed envelope or folder.
• Collect contact information for any witnesses, the person who gave you the will, and any attorney who prepared or stored it.
• If you plan to probate the estate soon, consult a probate attorney about whether to file the original with the local circuit court or to ask the court how best to submit the document. The court normally wants the original when opening an estate.
• If you suspect forgery or tampering, contact a probate attorney promptly. Preserve the document’s chain of custody and consider professional forensic review if litigation is likely.

What the court usually requires

Oregon probate courts expect the original signed will at the time someone petitions to admit the will to probate. If the original is unavailable, the law requires extra proof to persuade the court to accept a copy. For specifics on execution, witness requirements, and proof when originals are lost, consult ORS Chapter 112: ORS Chapter 112 (Wills). A local probate attorney can point you to the exact statutory subsections and explain how they apply to your situation.

Helpful Hints

• Keep the original document safe and untouched; do not give the original to anyone without documenting who took it and why.
• Ask for the names and contact info of the witnesses who signed the will; witness testimony can be decisive in proving authenticity.
• Look for a notary seal or self-proving affidavit; that usually makes probate easier and may remove the need to call witnesses to testify in court.
• If the will came from an attorney’s file, ask that attorney to confirm whether they have the original in their files or whether they prepared a self-proved will.
• If you’re unsure what to do next, getting a short consultation with a probate attorney can save time and reduce the risk of losing rights under the will.
• Do not throw away or destroy any related documents; letters, envelopes, or accompanying notes can help establish context and chain of custody.

Disclaimer: This article provides general information about Oregon probate practice and is not legal advice. It does not create an attorney-client relationship. For legal advice about a specific situation, contact a licensed Oregon probate attorney.