How to confirm whether a will you received is the original under Rhode Island law

Short answer: Under Rhode Island practice, probate courts expect the original signed document when someone attempts to admit a will to probate. If you only have a copy, there are steps you can take to confirm authenticity, locate the original, or, if necessary, present evidence to the court to prove the copy represents the decedent’s final wishes. The court and interested parties will care about signatures, witness attestations, notarial self-proving language, and any evidence about the original’s existence or loss.

Detailed answer — what to look for and what Rhode Island law generally requires

This section explains how to tell whether the paper you have is likely the original will and what to do if it is not. This is educational information only and is not legal advice. For case-specific guidance, consult a Rhode Island probate attorney or the probate court clerk where the decedent lived.

1. Why the original matters

Probate courts rely on the original signed will because it is the best proof of the testator’s intent and of the signatures of the testator and the required witnesses. If only a photocopy exists, interested persons (heirs, beneficiaries) may object and the court may require additional proof of authenticity before admitting the instrument to probate.

2. Physical signs that indicate you likely have the original

• Original ink signatures: look for indentations where a pen pressed into the paper, ink pooling, or slight variations in stroke width — photocopies flatten these details.
• Witness signatures and attestation clause: most formally executed wills include witness signatures and an attestation clause near the signature block. Check that the witnesses’ names and signatures appear on the document.
• Notary or “self-proving” affidavit: some wills in Rhode Island include a notarial certificate or a separate self-proving affidavit signed by the testator and witnesses under oath before a notary public. An original notary seal/impression is a strong indicator of an original.
• Paper quality and watermarks: originals are printed on paper with texture, possible watermark, and consistent page numbering or staples; photocopies can show tell-tale toner texture or repeated paper grain patterns.
• Handwritten (holographic) wills: if the entire will is handwritten by the decedent, examine the document for genuine handwriting and signature rather than a faxed or photocopied image.

3. What Rhode Island probate practice expects

Rhode Island probate courts generally expect the original signed will for filing. If you plan to open probate, bring the original to the probate clerk. If you only have a copy, the clerk will note it and advise how to proceed. For statutory guidance on wills and probate in Rhode Island, review the state statutes on wills (Title 33). A good starting place is the Rhode Island statutes on wills: R.I. Gen. Laws, Title 33 — Wills.

4. If you only have a copy: steps you can take

1. Contact the person who gave you the document and ask directly whether they have the original and where it is stored (safe deposit box, attorney’s office, home safe).
2. Check for safe-deposit box access or records: a lawyer, bank, or the decedent’s safe-deposit arrangements might hold the original.
3. Ask the decedent’s last attorney: many attorneys keep original wills or wills’ executors’ copies in their files. If an attorney created the will, they may confirm whether the version you have is the original or a copy.
4. Bring the copy to the probate clerk: the clerk can tell you whether the court already has an original on file and explain filing requirements for a will in the appropriate Rhode Island probate court.
5. If someone refuses to produce the original, preserve evidence: make and date-stamp a high-quality scan or photocopy, note who last had possession, and get sworn statements from people who saw the original if possible.

5. Proving a will when the original is missing or destroyed

If the original cannot be located, Rhode Island courts can admit copies to probate in limited situations, but the burden to prove validity increases. Courts may require testimony from witnesses who saw the original or evidence showing the original was executed properly and later lost or destroyed without intent to revoke. If the will is alleged to have been intentionally destroyed by the testator, the court will treat that as a possible revocation unless there is convincing evidence otherwise.

Because the procedures and evidentiary standards vary and can be complex, the probate clerk or a probate attorney can explain the steps for filing a “lost will” petition or for offering secondary evidence in Rhode Island. For the statutory framework covering wills and probate procedures, see the Rhode Island statutes on wills and decedents’ estates: R.I. Gen. Laws, Title 33 — Decedents’ Estates.

6. When to get professional help

Talk with a probate attorney if:

• the original is missing and multiple parties disagree about whether a copy is valid;
• someone claims the will was revoked;
• you suspect fraud, forgery, or undue influence; or
• you need to file a lost-will petition or present secondary evidence to the court.

Helpful Hints

• Bring the document and any related files (emails, file notes from the decedent’s attorney, bank records about safe-deposit boxes) to the probate clerk for guidance.
• Look for a self-proving affidavit and notary seal — these speed admission to probate because they avoid calling witnesses to testify in court.
• Keep a record of everyone who has handled the will and any steps you take to locate the original; that helps establish chain of custody if a dispute arises.
• If you find only a photocopy, do not alter, annotate, or staple additional papers to it; preserve the copy in its found condition and make a certified scan if advised.
• If the original is in a safe-deposit box, the bank may require a court order or joint action with the executor or next of kin to open it after death — consult the bank and probate clerk.
• When in doubt, get a consultation with a Rhode Island probate attorney early; small steps (like timely filing) matter and can affect how the court treats the document.

Where to find official Rhode Island law and court information — The Rhode Island General Laws on wills and decedents’ estates are in Title 33. See the statutes index: R.I. Gen. Laws, Title 33. For local procedural questions, contact the probate court clerk in the county where the decedent lived or the Rhode Island Judiciary: www.courts.ri.gov.

Disclaimer: This article is for general educational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your situation, consult a licensed attorney in Rhode Island.