How to Confirm a Will Is the Original under Utah Law
Detailed Answer
If you received a will and need to know whether it is the original or just a copy, start by understanding what courts and Utah practice treat as an “original.” Generally, an original will is the single signed paper (or set of papers) bearing the decedent’s original signature and the witness signatures required by law. A copy is a reproduction (paper copy, photocopy, scan, or photograph) that does not contain the original, wet (ink) signatures.
Key things to check on the document you have:
- Testator’s original signature: The will should have the decedent’s signature (or an allowed mark) at the end of the will. A handwritten signature in ink is strong evidence that the document may be original.
- Witness signatures and attestation clause: Most wills are signed by two witnesses who sign in the testator’s presence and each other’s presence. Look for witness names and signatures and an attestation clause stating the formalities were followed.
- Notary or self‑proving affidavit: Many wills include a self‑proving affidavit signed by the witnesses and notarized at the time of execution. A self‑proved will lets the court admit the will without calling witnesses to testify. See Utah’s statute on execution and self‑proving wills for detail: Utah Code § 75-2-502 (execution) and § 75-2-504 (self‑proving wills) (Utah Legislature site).
- Physical characteristics: Originals may show indentation from pen strokes, variable ink saturation, or other traits not present on a photocopy. Look for a notary seal (embossed or inked) and original staple or binding that appears consistent with a one‑of‑a‑kind document.
How Utah law treats originals versus copies
Under Utah practice, when a person dies the original will should be filed with the district court in the county where the decedent was domiciled for probate. If you only have a copy, the court may still consider it, but additional proof may be required — for example, testimony by the attesting witnesses or other evidence that the copy is a true copy of the decedent’s last will. A self‑proving affidavit attached to the will normally avoids the need to track down witnesses. See the Utah Probate Rules and statutes governing admission of wills for more on this process.
Practical steps to confirm whether the will is original
- Inspect the document closely. Check for original signatures (ink), witness signatures, a notary seal, or a self‑proving affidavit. If the signatures look stamped or printed, the document is likely a copy.
- Ask the person who gave it to you where they obtained it. Ask who had custody of the deceased’s papers, who prepared the will, and whether the original was stored (safe, attorney’s office, bank safe deposit box).
- Contact the attorney who drafted the will. If an attorney prepared or stored the will, that attorney may have the original or can confirm whether the version you have is the original.
- Call the district court clerk in the decedent’s county. After death, someone typically files the original will with the clerk for probate. The clerk can tell you whether an original has already been filed and whether the document you have matches the filed original.
- If you only have a copy, be prepared to provide proof. The court may allow admission of a copy if you can prove it is a true copy of the original will. That usually requires testimony from witnesses or other corroborating evidence.
- Preserve the document and chain of custody. If you suspect fraud or tampering, do not alter the will. Note who had access to it and when, and consider photographing it and keeping the original safe. Avoid laminating or folding it further.
- Consider forensic options in disputed cases. When authenticity is in serious dispute, a forensic document examiner can analyze ink, handwriting, paper, and impressions to help determine authenticity.
What to do if you suspect the document is only a copy
If the paper you have is clearly a photocopy or scan, you should still locate and produce the original if possible. If the original cannot be found, Utah courts will consider secondary evidence and may admit the copy if the proponent proves that the original was lost or destroyed and that the copy is genuine. If you suspect someone destroyed or removed the original to block probate, preserve all related evidence and contact counsel quickly.
Where to file or check for an original will
Original wills are submitted to the district court in the county where the decedent was domiciled at death. The Utah Courts’ probate information pages explain filing procedures and what documents are needed when opening probate. If you want to check whether an original has already been filed, contact the district court clerk in that county or review the court’s probate docket.
Statutes and official resources
- Utah Code § 75-2-502 — Execution of Wills (rules on signatures and witnesses)
- Utah Code § 75-2-504 — Self-proved Wills (effect of a self‑proving affidavit)
- Utah Courts — How to: Probate (practical filing and court procedures)
Helpful Hints
- Preserve the document unaltered. Don’t sign, erase, or add notes to any will you suspect may be original.
- If a will has a notary stamp and a notary block dated at the time of signing, that greatly strengthens a claim that the document is an original.
- A self‑proving affidavit attached under Utah law can let the court admit the will without live witness testimony — look for notarized witness statements beneath the will.
- Contact the drafting attorney early. Many attorneys keep original wills in their files or safe storage and can quickly confirm whether your copy is the original.
- If you cannot find the original, be prepared to show why it’s missing and gather other evidence (emails, drafts, witness contact information) to support admission of a copy.
- When in doubt, consult a probate attorney. They can review the document, contact the court clerk, and advise on whether the copy can be admitted or whether forensic verification is needed.