Detailed answer — how Washington handles lost or damaged wills

When the original will cannot be produced because it was lost or damaged while being mailed to the courthouse, Washington law focuses on two questions:

1. Did a valid will exist and was it properly executed? and
2. Can the will’s contents be proved if the original is unavailable?

Washington’s probate statutes and court procedures allow a will to be admitted to probate even when the original is not before the court, but the person asking the court to admit the will (the “proponent”) must provide strong evidence about the will’s existence, contents, and execution. The relevant probate chapter for wills in Washington is found at the Revised Code of Washington, Title 11 — Probate and Trusts (see RCW Chapter 11.20):

RCW Chapter 11.20 — Wills

Practical outcomes and legal paths you may see in Washington:

• If the original was merely damaged but still exists: Deliver the damaged document to the court with a petition to probate it. The court will consider whether what remains shows proper execution and whether a testator’s signature and the required formalities are present. Witness testimony and any accompanying affidavits (for example, a self-proving affidavit) will help.
• If the original was lost and cannot be produced: You can ask the court to admit a copy or to admit the will as proven by secondary evidence. Washington courts will require credible proof of the will’s terms and that the original was validly executed. That proof commonly includes sworn witness testimony, testimony about the testator’s statements, copies of the will, drafts, or other corroborating documents.
• Standard of proof: Because admitting a lost or destroyed will risks disinheriting relatives who would inherit under intestacy, courts require clear and convincing evidence that the will existed in the form offered and that it was duly executed. The precise burden and evidence requirements are decided by the court in each case.
• Possible results:
  • The court admits a copy or secondary evidence and appoints a personal representative consistent with the proved will terms.
  • The court denies admission of the will for lack of sufficient proof; the estate may then pass under the intestacy rules.
  • The court allows limited or conditional relief — for example, provisional appointment of a personal representative while the parties gather evidence or litigate the question of the will’s validity.
• Potential disputes: Heirs or interested persons may contest admission. Expect litigation if there is conflicting evidence about the will’s contents, execution, or whether the original was intentionally destroyed.

Immediate actions to take if the original will was lost or damaged in the mail

If you learn the original was lost or damaged while in transit to the courthouse, act quickly to preserve evidence and your ability to ask the court to admit the will:

1. Keep records of mailing: keep tracking numbers, receipts, and any postal incident reports. If sent by a private carrier, preserve their tracking and claim documents.
2. Contact the court clerk immediately to explain the situation and ask about filing a petition with a copy or filing emergency paperwork to protect the estate from inadvertent intestacy effects.
3. File a probate petition with whatever evidence you have (a copy of the will, a draft, a digital copy, the testator’s notes), along with an affidavit explaining the loss and how the original was sent and lost.
4. Locate and prepare witness testimony: witnesses to the will’s signing, anyone who saw the original, or persons with knowledge of the testator’s intent can provide the testimony courts look for.
5. Preserve other proof: draft versions, emails about estate plans, the testator’s instructions to attorneys, and self-proving affidavits (if available) all help.
6. Report mail loss to the carrier and file a claim — that documentation can support your efforts in court to explain the loss.

Who can help

A Washington probate attorney can:

• Advise whether to file a petition to admit a copy of the will or to proceed by other proof;
• Prepare witness affidavits and petitions that satisfy court proof standards;
• Represent you in contested proceedings where heirs challenge admission of the will.

If you do not act, the estate could be administered under Washington’s intestacy rules instead of the decedent’s wishes, so timely legal help is important.

Helpful hints — practical checklist if an original will is lost or damaged in the mail

• Immediately preserve the mailing record (tracking, receipts, insurance or registered mail documentation).
• Contact the court clerk before filing to get the court’s preference on procedural steps and any emergency filings.
• Gather all copies and drafts of the will, including electronic copies or scanned PDFs, and bring them to your attorney.
• Identify witnesses early — the testator’s witnesses or others who saw the signed original are crucial.
• File a carrier claim (USPS or private courier) and obtain the carrier’s incident report to document loss or damage in transit.
• Keep communications in writing where possible (emails, certified letters) so there is a record you attempted to deliver the original.
• Act quickly — delays may make it harder to gather witness testimony or to show that the original existed as claimed.

For Washington law on wills and probate procedure, see the Revised Code of Washington, Title 11 — Probate and Trusts: RCW Chapter 11.20. For general court information visit the Washington Courts website: https://www.courts.wa.gov.

If you need help finding a local probate attorney experienced with contested probate or lost wills, a Washington bar referral service or a local county bar association can provide names of attorneys who handle probate matters.