Detailed Answer
Short answer: In Virginia the person presenting a will for probate is expected to produce the original signed document. You can check a few concrete things yourself to tell whether the document you received is likely the original; if you cannot locate the original, Virginia law provides procedures for admitting a copy in specific circumstances. This is general information only and not legal advice.
1. Why the original matters in Virginia
Virginia law treats the original signed will as the primary evidence of a testator’s intentions. Probate courts normally require the original signed paper to open formal probate. If the original cannot be produced, the court has special rules for admitting a copy or proving a lost or destroyed will, but those procedures are more complex and can lead to disputes.
For a complete overview of Virginia’s statutes on wills and probate, see Virginia Code Title 64.2 — Wills, Trusts, and Administration: https://law.lis.virginia.gov/vacode/title64.2/.
2. How to tell whether a document is likely the original will
- Look for the testator’s signature in original (wet) ink. Originals normally have a signature that appears to be written in pen rather than printed or photocopied. If you can, tilt the paper under good light to look for ink variation and indentations.
- Check for the attestation clause and witness signatures. In Virginia a will is usually signed by the testator and witnessed by two people. The will often contains an attestation clause where witnesses state the testator signed in their presence, and the witnesses’ signatures should be on the original document.
- Look for a self-proving affidavit (notarized attachment). Many wills include a notarized affidavit signed by the testator and the witnesses called a self-proving affidavit. If present and properly notarized, it can streamline the probate process. Not every valid will has this, but if you see a notarial certificate attached, that is strong evidence of an original.
- Examine paper quality and printing. Originals often show the natural aging of paper and may have margin notations or initials in pen. Copies or scans usually show uniform toner/ink and may have a grey background or repro lines.
- Compare signatures with other original documents. If you have other originals signed by the decedent (checks, earlier wills, contracts), compare how the signature looks. Significant, consistent differences can raise questions; similar pen pressure and flourishes can support authenticity.
3. Where originals are commonly kept
- With the decedent’s attorney or law firm.
- In a safe-deposit box (often held jointly or accessible by executor).
- At home in a personal file cabinet, safe, or desk.
- On deposit for safekeeping with a circuit court clerk (some people voluntarily deposit wills).
4. Steps to take if you received only a copy
- Ask where the original is kept. Contact the person who gave you the copy, the decedent’s attorney, family members, or the bank for safe-deposit information.
- Check with the local circuit court clerk. The clerk’s office can tell you whether a will was previously deposited or filed for safekeeping. Contact the clerk in the county where the decedent lived or where you expect probate to be opened. Virginia Circuit Courts handle probate matters; see the Virginia Courts site for contact info: https://www.vacourts.gov/.
- Preserve any copies you have. Don’t alter or discard copies; retain the chain of custody and note who handled the document and when.
- If the original cannot be located, consider legal help. An attorney can advise whether to petition the court to admit a copy or to proceed under the statutes that govern lost or destroyed wills.
5. How Virginia handles missing originals at probate
If the original will cannot be produced, Virginia courts can, in some situations, admit a copy or take other proof if the court is satisfied of the will’s contents and due execution. Admitting a copy usually requires testimony or other evidence about the original’s contents and execution, and may require explaining why the original is not available. These facts can lead to contests, especially when heirs or beneficiaries disagree.
6. When to get professional help
- If there is any dispute about whether the document is genuine.
- If you suspect fraud, forgery, or tampering.
- If you cannot locate the original and need to lodge a petition to admit a copy or to prove a lost will.
- If the estate involves significant assets or complex beneficiaries.
7. Practical steps to verify before you see a lawyer
- Photograph the front and back of the document and any attached affidavit, but do not alter the document.
- Note the names and contact information of the witnesses listed on the will.
- Check decedent records: attorney files, safe-deposit box records, and personal filing locations.
- Contact the clerk of the circuit court in the decedent’s last residence county to ask whether a will is on file.
Key Virginia resources
- Virginia Code — Title 64.2, Wills, Trusts, and Administration: https://law.lis.virginia.gov/vacode/title64.2/
- Virginia Courts (Circuit Courts and clerk contact info): https://www.vacourts.gov/
Disclaimer
This article explains general Virginia law about wills and how to check whether you have an original document. It does not provide legal advice. For advice specific to your situation, contact a licensed Virginia probate attorney or the circuit court clerk. If you need help finding an attorney, the local bar association or the Virginia State Bar can provide referrals.
Helpful Hints
- Do not sign, mark, or otherwise alter a potential original will.
- Ask the person who gave you the document where they obtained it and whether they know where an original is kept.
- Check for a notarized self-proving affidavit — it speeds probate.
- Contact the circuit court clerk in the county where the decedent lived to ask whether a will is on file.
- Keep a clear record (dates, names) of who handled the document and when; that helps preserve chain of custody.
- If you suspect forgery, don’t confront potential witnesses; consult a probate attorney to protect evidence and follow court procedures.
- If you are an executor named in a will, get legal advice early to avoid mistakes that can expose you to liability.