What Happens if a Will Is Lost or Destroyed in Vermont?

Short answer: If an original will cannot be found or has been destroyed, Vermont probate courts generally presume the testator revoked the will. However, the court can admit a lost or destroyed will to probate if someone proves the will’s contents and shows the testator did not intend to revoke it. That proof usually requires clear and convincing evidence, such as attesting-witness testimony, reliable copies, or other strong corroboration.

Detailed answer: how Vermont law treats lost or destroyed wills

When a person dies and the original signed will is missing or has been destroyed, a probate court must decide two basic issues:

1. Was the will revoked by the testator before death (for example, by tearing, burning, or otherwise destroying it or by executing a later will)?
2. If the testator did not revoke the will, what were the contents of the will so the court can carry out the testator’s wishes?

Vermont law starts with the presumption that a will that cannot be produced was revoked by the testator. To overcome that presumption, the person who wants the will admitted (often an heir, beneficiary, or personal representative nominee) must present convincing evidence that the testator did not revoke the will and that the document’s terms can be proved.

Although Vermont’s statutes and probate practice govern the precise procedures, the practical rules you should expect in Vermont probate court are:

• If the original signed will is missing, the court may allow probate of the will as a lost will if the proponent proves the will’s contents by clear and convincing evidence and proves the will was not revoked.
• If there is a signed copy of the will (for example, a photocopy, scanned copy, or duplicate original), the court may admit the copy as evidence, but the proponent must still show the testator did not revoke the will.
• If someone else destroyed the will without the testator’s knowledge or consent, the destruction typically does not amount to a revocation.
• If the testator intentionally destroyed the will (tearing, burning, or canceling) with the intent to revoke, the court will treat the will as revoked unless the proponent can rebut that evidence.

What evidence helps admit a lost or destroyed will?

Useful evidence includes:

• Testimony from the attesting witnesses who signed the will about the testator’s signature, the testamentary intent, and whether they observed any revocation.
• A faithful copy (photocopy, scanned PDF, duplicate original) of the will.
• Drafts, notes, or correspondence that reliably reflect the will’s provisions.
• Testimony or affidavits from the person who kept the will (the custodian) explaining when they last saw it and what happened to it.
• Evidence that the testator acted in ways consistent with the will after the alleged destruction (for example, distributions, appointments, or statements showing the testator intended the will to remain effective).

How the probate court decides

The court examines all evidence and weighs whether the proponent has met the required burden of proof. Courts commonly apply the clear-and-convincing standard when admitting a lost will. If the court is satisfied, it will admit the will (or a proved copy) and direct distribution under its terms. If the court is not satisfied, it will treat the estate as intestate (distributed under Vermont’s intestacy rules).

Practical steps to take if you discover a missing or destroyed will

If you are handling an estate and the original will is missing or appears destroyed, take these actions promptly:

• Search thoroughly where the decedent kept important papers (safe, safety deposit box, lawyer’s office, home filing areas).
• Talk with family members, executors-designate, the decedent’s attorney, and the person who had custody of the will.
• Locate any copies—digital scans, photocopies, emailed PDFs, or earlier drafts—and preserve them carefully.
• Get written statements or affidavits from attesting witnesses and the custodian describing when they last saw the will and what happened.
• File a petition with the probate court for determination on admitting the lost will. The court process will vary, and the court may require sworn testimony or a hearing.
• Consider hiring a probate attorney experienced with lost-will cases to prepare the evidence and represent you in court.

Where to find Vermont law and court information

Vermont’s statutes governing wills and estate administration are in Title 14 of the Vermont Statutes. For the statutory text, see the Vermont legislature’s website: https://legislature.vermont.gov/statutes/title/14.

For procedural information about probate courts and filing requirements in Vermont, see the Vermont Judiciary’s website: https://www.vermontjudiciary.org/.

FAQ summary (quick reference)

• Q: Is a lost will automatically invalid? A: No, but the court presumes revocation until convincing proof shows otherwise.
• Q: Can a copy be probated? A: Yes, if the court is satisfied about contents and non-revocation, a copy or other evidence may be admitted.
• Q: What standard of proof applies? A: Courts typically require clear and convincing evidence for lost or destroyed wills.
• Q: Who should I contact? A: A Vermont probate attorney or the probate division of the Vermont Superior Court for the county where the decedent lived.

Helpful hints

• Keep calm and document your search for the original will—courts notice thorough searching.
• Preserve any copies and original emails or electronic files immediately; do not alter them.
• Collect signed affidavits from anyone who saw the will or handled it before death.
• If someone admits destroying the will, get a sworn statement explaining the circumstances; that statement may matter to the court.
• File a probate petition sooner rather than later—delays can make evidence harder to gather and can affect rights of heirs or creditors.
• Even when you think the case is straightforward, consult a probate attorney. Probate rules and evidentiary burdens can be technical.

Disclaimer: This article explains general Vermont law on lost or destroyed wills and offers educational information only. It does not provide legal advice, create an attorney-client relationship, or substitute for advice about your specific situation. For legal advice tailored to your case, consult a licensed Vermont attorney.