What happens if the original will gets lost or damaged in the mail on its way to the courthouse? - Pennsylvania
The Short Answer
If the original will is lost or damaged in transit, the Register of Wills may refuse to probate it as-is, and you may have to prove the will’s contents and proper execution through other evidence (often by asking to probate a copy). In Pennsylvania, a missing original can also trigger a presumption that the will was revoked, so it is important to address the issue quickly and carefully.
What Pennsylvania Law Says
Pennsylvania probate is handled through the county Register of Wills, and the will generally must be proved in the manner required by statute. If the original is unavailable (for example, lost in the mail), the estate may need to rely on witness proof and other evidence to establish that a valid will existed, what it said, and that it was not revoked before death.
The Statute
The primary law governing how wills are proved for probate is 20 Pa.C.S. § 3132.
This statute establishes that wills must be proved through witness oaths/affirmations and sets rules for what proof is preferred and what alternative proof may be accepted when witness proof cannot be obtained with reasonable diligence.
If the will is being offered for probate more than one year after death, there can also be serious consequences for Pennsylvania real estate transfers, even if the will is otherwise valid. See 20 Pa.C.S. § 3133(c).
Related reading: probating a copy of a will in Pennsylvania and how Pennsylvania verifies an “original” will.
Why You Should Speak with an Attorney
While the statutes provide the general framework, a “lost or damaged will” situation can become contested quickly—especially if family members disagree about what the will said or whether it was revoked. Legal outcomes often depend on:
- Strict Deadlines: Although a will may be offered for probate at any time, waiting can create real risk—particularly for real estate, where a late-offered will can be void against certain bona fide grantees or lienholders. See 20 Pa.C.S. § 3133(c).
- Burden of Proof: If the original can’t be produced, you may need strong evidence of due execution and the will’s contents (often through witnesses, attorney drafting records, and other documentation) to satisfy the Register of Wills and to defend against objections.
- Exceptions and Presumptions: A missing original can raise a presumption of revocation under Pennsylvania case law, and rebutting that presumption is fact-intensive. If the will is damaged (torn, marked up, missing pages), additional issues can arise about whether it reflects revocation or alteration.
Trying to handle this alone can lead to a rejected probate filing, delays in getting letters, or a will contest that becomes far more expensive than it needed to be.
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.