Short answer

If the original will is lost or damaged in the mail, you can still try to have the will admitted to probate in Utah. The person asking the court to admit the will must prove the will’s contents and that it was validly executed. Courts generally allow admission of a lost or destroyed will if the proponent offers convincing proof (for example, a reliable copy plus witness testimony or affidavits). If the original can’t be found, Utah law and courts also consider whether the missing document was likely revoked by the testator. You should act quickly and talk to a probate attorney about filing a petition and assembling proof.

How Utah law treats lost or destroyed wills

Utah’s probate statutes and rules govern how a will must be proved and admitted to probate. If the original will is not available, the person trying to probate the will (the proponent) must prove both:

• the contents of the will; and
• that the will was validly executed by the testator.

In practice, courts accept a combination of evidence to meet that burden: authenticated copies of the will, testimony or affidavits from the witnesses who signed the will (or other credible witnesses who saw it executed), and any contemporaneous records (attorney file copies, drafts, or notarized affidavits describing the will’s terms). The standard the court expects is persuasive evidence showing the will existed and was properly signed.

For general statutory guidance about probate procedures in Utah, see Utah Code, Title 75 (Probate) at the Utah Legislature website: https://le.utah.gov/xcode/Title75/75.html.

Common legal issues in this situation

1. Burden of proof

When the original will can’t be produced, the proponent must present clear and convincing evidence (or other court-specified proof) that the will existed and that the signatures were valid. That evidence can include a copy of the will and witness testimony or sworn affidavits from the witnesses who attested the will.

2. Presumption of revocation

If the original will was last in the testator’s possession and cannot be located after the testator’s death, many courts apply a presumption that the testator revoked the will. That presumption can be rebutted with strong evidence that the will was misplaced, lost in transit, or destroyed accidentally rather than intentionally revoked. If the will was mailed to the courthouse before the testator’s death and lost in the mail, that fact tends to rebut a presumption of revocation because the testator did not retain control over the document after mailing.

3. Chain-of-custody and mailing evidence

Proving how the will left the testator’s control—such as a tracked mailing receipt, overnight courier record, or an affidavit from the person who mailed it—helps the proponent show that the document was not intentionally destroyed by the testator.

Practical steps to take right away

1. Stop and document: Keep any mailing receipts, tracking information, or post office/courier records showing the will was sent to the courthouse.
2. Contact the courthouse clerk: Ask whether the will arrived and whether the court has a procedure for missing mailed filings. The clerk can explain filing deadlines and whether an extension or emergency petition is needed.
3. Locate copies: Find any signed or unsigned copies in the testator’s files, attorneys’ files, emails, or cloud storage. Even a plain photocopy or scanned PDF can be important evidence.
4. Talk to the attesting witnesses and the drafting attorney: Get sworn affidavits from the witnesses who signed the will and from the attorney who prepared or kept a copy. The witnesses can testify about the testator’s signature, the circumstances of signing, and that the testator was of sound mind and not under duress.
5. File a petition to probate the will: In Utah, a proponent will typically file a petition to admit the will to probate and request that the court accept a copy or allow proof by testimony and affidavits. If deadlines are imminent (creditor deadlines, for example), ask the court for temporary relief or expedited handling.
6. Preserve evidence of mailing: If the will was insured or tracked, obtain postal loss reports, insurance claims, and correspondence with the carrier. Those help establish the will left the testator’s control and was lost in transit.
7. Consider alternative proof: If witnesses are unavailable, gather other contemporaneous evidence—drafts, notes, or communications that describe the will’s terms and confirm execution.
8. Consult a probate attorney: A lawyer experienced in Utah probate can prepare the petition, draft witness affidavits, and present evidence in court to maximize the chance the court will admit the will.

What a Utah probate court may order

If the court is satisfied by the proponent’s evidence, it may admit a copy of the will to probate or admit proof of the will’s terms and intent. The court may also:

• require sworn testimony or live witness testimony under oath,
• enter findings about whether the will was revoked, and
• issue orders about distribution consistent with the proved will terms.

If the court finds that the proponent did not prove the document’s validity, the estate may be distributed under intestacy rules instead of the lost will’s terms.

Hypothetical example

Imagine Jan signs a will and gives it to her friend to mail to the county probate clerk for safekeeping. The friend mails the envelope by certified mail, but the USPS records show the envelope was lost in transit. After Jan dies, the original never arrives at the courthouse, but Jan’s attorney has a clean, signed copy and both witnesses sign affidavits confirming the will’s execution and contents. The proponent files a petition and provides the affidavits, attorney file copy, and postal records showing the mailing. A Utah court may admit the copy and order probate under the proved terms because the evidence shows the will existed, was properly executed, and was lost in the mail rather than revoked by Jan.

Helpful hints

• Act quickly: probate timelines, creditor deadlines, and the fading memory of witnesses make prompt action critical.
• Get affidavits from the attesting witnesses: their sworn statements are often decisive in proving a lost or destroyed will.
• Keep and preserve all mailing and tracking records and any communication with the postal service or courier.
• Gather multiple pieces of corroborating evidence (copies, drafts, attorney’s file notes, emails, and witness statements) to strengthen your case.
• Be aware of the presumption of revocation: if the document was last in the testator’s possession and can’t be found, you must rebut that presumption.
• Hire a probate attorney: an attorney can file the right pleadings, prepare affidavits, and present evidence persuasively to the court.