Confirming an Original Will in Vermont: How to Tell If the Will You Have Is the Original

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to Verify an Original Will under Vermont Law: A Practical FAQ

Short answer

To confirm whether a document is the original will in Vermont, inspect the physical document for the testator’s signature, witness signatures, and any self-proving affidavit or notary acknowledgment; check for evidence that the document has already been filed with the Probate Court; contact the attorney or witness who prepared or saw the will signed; and, if necessary, bring the document to the local Probate Court for guidance. If you only have a copy, Vermont courts can admit a copy in limited circumstances, but you will usually need additional proof about authenticity and whether the original was revoked or lost.

Detailed answer — what to look for and what steps to take

1. Physically examine the document

  • Look for the testator’s signature at the end of the will. In most wills the testator signs at or near the final page and sometimes initials earlier pages.
  • Look for witness signatures and dates. Vermont requires the will to be executed with the formalities of witnessing. A valid original will typically includes the names and signatures of the attesting witnesses on the document itself.
  • Check for a self‑proving affidavit or notary acknowledgment attached or on the same page. A self‑proving affidavit is a sworn statement signed by the testator and witnesses and notarized so the will can be admitted to probate without live witness testimony.
  • Examine the paper. Originals may show continuous handwriting, consistent ink, paper folds, staples, or physical markings that indicate original signing.
  • Verify there is no duplicate stamp or printed “COPY.” Official copies usually bear a clear copy marking or are obviously photocopied.

2. Check whether the will has already been filed with Probate Court

Probate courts normally ask for the original will when someone dies. Contact the Probate Court in the county where the decedent lived to ask whether the will has already been filed. You can find Vermont’s general court information at the Vermont Judiciary site: https://www.vermontjudiciary.org/. Vermont statutes and guidance are available at the Vermont Legislature: https://legislature.vermont.gov/statutes.

3. Contact the will drafter, witnesses, or the notary

If the will was prepared by an attorney or law office, call them and ask whether they have the original. If an attorney handled it, they can tell you whether the document you have is the original file copy. If not, contact the attesting witnesses or the notary (if the will is self‑proved) to confirm they signed the original on the indicated date and whether they recall where the original was left or filed.

4. If you only have a copy: determine why the original is missing

  • If the original will was lost or destroyed, Vermont Probate Court may allow the admission of a copy, but you will need to prove the contents and due execution of the will and show the original was not revoked. That commonly requires testimony from witnesses or other corroborating evidence.
  • If the person who had custody of the original had a reason to revoke it (for example, the testator tore the will or replaced it), the court will examine evidence about intent to revoke. The burden is on the party seeking admission of a copy to show the will’s validity.

5. When to involve the Probate Court or an attorney

If you cannot find the original, if the document appears altered, or if multiple people claim different documents are originals, contact the Probate Court clerk for next steps and consider consulting an attorney who handles probate in Vermont. Probate clerks can explain how to file a will and what evidence the court requires if only a copy exists.

6. Forensic or evidentiary options (when authenticity is disputed)

When parties dispute authenticity, options include forensic analysis (ink, paper, handwriting) and witness testimony about the signing event. Courts admit such evidence when it helps establish whether the presented document is the original and was properly executed. These steps often require legal representation and expert witnesses.

7. Practical chain-of-custody and safekeeping tips

  • Do not sign or alter the document.
  • Store the document in a secure, dry place (a safe or lockbox) until the Probate Court instructs you otherwise.
  • Make a high‑quality photocopy for your records but keep the original separate and secure.

How Vermont courts typically handle originals vs. copies

Vermont Probate Court prefers to receive the original will for probate. If you present only a copy, be prepared to show why the original is unavailable and to present testimony or other evidence proving the copy accurately reflects the original and that the will was validly executed and not revoked. The exact proof required depends on the facts and may involve depositions or sworn statements from attesting witnesses.

For general information about probate procedures in Vermont, start with the Vermont Judiciary: https://www.vermontjudiciary.org/. For statutory research use the Vermont statutes page: https://legislature.vermont.gov/statutes.

Common scenarios and what to do

Scenario A — You hold a single paper signed by the decedent and witnesses

Likely the original. Confirm witness signatures and any notary affidavit. Contact county probate court to file the original for probate.

Scenario B — You have a photocopy or an email PDF

This is probably not the original. Locate the attorney, safe deposit box, or family member who may have the original. If the original cannot be found, be prepared to show why and to obtain witness testimony or affidavits to admit the copy.

Scenario C — The document looks altered, has white‑outs, or different inks

Do not submit altered documents. Contact the Probate Court clerk and consult an attorney before any filing. The court may require forensic or testimonial evidence about the alterations and execution.

Helpful Hints

  • Checklist for an original will: testator signature at the end, witness signatures and dates, notarized self‑proving affidavit (if present), no printed “COPY” mark, paper folds and consistent ink.
  • If you find a will in a safe‑deposit box, the bank may allow the named executor or a court order to access it — contact the bank and the Probate Court.
  • Keep a secure copy and a record of who you told about the will’s location.
  • If the will was prepared by an attorney, that office may keep the original file copy; ask them first before assuming a document is only a copy.
  • If multiple versions exist, the most recent validly executed original controls unless it was lawfully revoked.
  • Act promptly after death. Delays can make witnesses harder to find and evidence weaker.
  • When in doubt, bring the document to the Probate Court clerk — they can tell you the Court’s filing requirements and whether you should seek legal counsel.

Disclaimer: This article provides general information about Vermont procedures and is not legal advice. Rules and procedures vary by situation. For advice tailored to your circumstances, consult a licensed Vermont attorney or contact the local Probate Court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.