Short answer

Yes — but you may need to prove the will’s contents and that the decedent did not revoke it. Oregon law allows the court to admit a will even if the original is lost or destroyed, provided the proponent proves the will’s terms and authenticity by clear and convincing evidence. The stronger your supporting evidence (a certified copy, attesting witness testimony, or other reliable proof), the more likely the court will admit the will to probate.

Detailed answer (how this typically works under Oregon law)

When the original will is lost or arrives damaged after being mailed to a courthouse, the probate court cannot simply assume the decedent revoked the will. Oregon’s probate rules and statutes treat a lost or destroyed original differently from an intentionally revoked will. A person who seeks admission of a will that lacks an original must present sufficient proof to persuade the court that the writing is the decedent’s last will and that it was not revoked.

Relevant authority: Oregon’s statutes on wills are collected in ORS chapter 112. See the chapter for full context: ORS Chapter 112 (Wills). Courts have interpreted these statutes to allow admission of copies or reconstructed wills when the original cannot be produced, subject to rules on proof and rebuttal.

Common steps and legal issues you can expect

1. Confirm whether the courthouse ever received the original. Before assuming loss, check with the county probate clerk. Sometimes clerks receive a package but misfile or return it.
2. Preserve any damaged original and related evidence. If a damaged original exists, keep it safe. Photographs of the packaging, the damaged document, and the postmark or tracking records are helpful.
3. Gather copies and secondary evidence. Good evidence includes a signed photocopy of the will, a certified copy filed earlier, digital copies from the drafting attorney, or contemporaneous drafts. Also collect mailing receipts, tracking numbers, and correspondence showing the mailing and delivery attempts.
4. Locate and secure attesting witnesses. The people who saw the decedent sign the will (attesting witnesses) can testify about the contents, the decedent’s intent, signature, and mental capacity. Their testimony is often decisive.
5. File a petition to admit the will (or a copy) to probate. The proponent must ask the probate court to admit the will despite the missing or damaged original. That petition should include an explanation of the loss/damage and attach available evidence.
6. Be prepared to prove authenticity and non-revocation. In Oregon, the burden falls on the person offering the will to prove authenticity and that the decedent did not revoke it. The court typically requires clear and convincing evidence when the original cannot be produced.
7. If evidence is insufficient, the estate may be administered as intestate. If the court finds the proof inadequate, the unprobated will’s provisions may not control distribution. The estate then follows Oregon’s intestacy rules in ORS chapter 112.

Special considerations for a will damaged in the mail

If the original arrives damaged rather than missing, the court may admit the damaged original if its signature and dispositive terms remain identifiable and you can authenticate it. If damage obscures signature or terms, you will need witness testimony or other reliable proof reconstructing the document’s contents.

Possible civil remedies beyond probate

If the will was lost or damaged due to a mailing carrier’s misconduct or negligence, the estate or interested parties might have a tort or contract claim against the carrier or a claim against any party who wrongfully destroyed the will. Pursuing such claims is separate from the probate process and usually requires its own proof and timeline.

Example hypothetical (how this might play out)

Suppose Alice wrote a will, signed it with two witnesses, and mailed the original to the county probate clerk for filing. The envelope is returned with the will torn and partially unreadable, and there is no receipt at the clerk’s office. Alice dies shortly afterward. Her executor locates a signed photocopy and the two attesting witnesses, who remember the will’s key provisions and can identify Alice’s signature. The executor presents the damaged original (showing the torn signature line), the photocopy, the witnesses’ affidavits, and the mailing tracking records and petitions the court to admit the will. If the court finds the witnesses credible and the other evidence persuasive, it can admit the will or a reconstructed version for probate.

How the court evaluates proof

• Authenticity: Is the document genuinely the decedent’s will? Can you show the signature, attestation, or reliable contemporaneous copies?
• Intent: Did the decedent intend the document as a final will, not a draft?
• Revocation: Is there evidence the decedent revoked the will (physical destruction with intent, a later will, or other clear evidence)?
• Quality of secondary evidence: Do copies and witness testimony line up and match independent records?

Practical timeline and next steps

1. Immediately contact the probate clerk to confirm status and procedures for submitting proof.
2. Secure and preserve all documents, envelopes, photographs, and tracking information.
3. Contact the attesting witnesses and ask them to preserve memories and provide signed affidavits if possible.
4. Consider hiring a probate attorney experienced in contested or lost-will matters to prepare the petition and court evidence.
5. File the probate petition and any supporting affidavits or declarations as soon as feasible to avoid disputes or claims by other heirs.

Helpful hints

• Keep original drafts and signed copies in a safe place; mail only when you have tracking and receipt.
• Obtain and save certified or electronic copies from the drafting attorney if possible.
• Ask witnesses to prepare and sign affidavits describing the signing ceremony and the will’s contents.
• Photograph damaged documents and packaging immediately; note dates and chain of custody.
• Contact the carrier (USPS, FedEx, UPS) quickly to file a loss/damage report and request tracking records.
• If the original can’t be produced, focus on corroborating evidence: witness testimony, earlier drafts, emails, or the attorney’s work file.
• Act quickly to file the probate petition; delays can complicate proof and give others time to contest.
• Consider consulting a probate attorney early — contested lost-will cases pivot on careful evidence presentation.