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Detailed Answer

Short answer: In West Virginia, the probate court generally wants to see the original signed will to admit it to probate. You can take several practical and legal steps to confirm whether the document you have is the original or only a copy. If the original cannot be produced, West Virginia law allows a copy to be admitted only in limited circumstances if the original was lost or destroyed and you can prove the will’s authenticity and due execution.

What the court prefers

Probate courts normally prefer the testator’s original signed paper will because the original document is the best evidence of the testator’s actual signature and the signatures of any witnesses. For West Virginia statutory guidance about wills and probate procedures, see West Virginia Code, Chapter 41 — Wills and related probate provisions: W. Va. Code, Ch. 41, Art. 5 (Wills). For general probate filing and process information, see the West Virginia Judiciary probate resources: courtswv.gov — Probate.

How to tell whether a will is likely an original

1. Look for the testator’s original signature. Originals typically have the testator’s wet (ink) signature. A photocopy will show even ink tone across the page; an original usually shows pen pressure variations and possible ink bleed.
2. Check for witness signatures and placement. Most wills require two disinterested witnesses (or other state-specific witness rules). Witness signatures that look handwritten next to the signature blocks are signs of an original. A notarized self-proving affidavit (notarized sworn statement attached to the will) is often present on originals and expedites probate.
3. Examine the paper and ink. Originals often use heavier paper, may have indented signatures, or show page-by-page initials. Copies often look uniform and may have lighter or pixelated text.
4. Search for a self-proving affidavit. If the will has an attached notarized affidavit signed by the testator and the witnesses (a “self-proving” affidavit), courts will generally accept it without contacting the witnesses. That affidavit is usually notarized with a raised seal.
5. Look for alterations or photocopy artifacts. Photocopies often show gray backgrounds, duplicated specks, or cropping marks. Originals may have unique marks, corrections, or handwritten marginal notes.

Practical steps to confirm originality

1. Do not alter the document. Avoid folding, laminating, stapling, or writing on the will. Protect it in a clean folder.
2. Ask the person who provided the document where they obtained it. If it came from a safe deposit box, attorney, or probate clerk, that helps establish chain of custody.
3. Check with local probate clerk or county court. If the testator previously filed the original with the clerk for safekeeping (some counties allow that), the clerk can tell you whether an original is already on file.
4. Contact the notary or attorney listed (if any). If the will includes a notary block or attorney’s letterhead, those professionals may be able to confirm whether the document is original or whether an original exists in their records.
5. Compare to any known previous copy or drafts. If family members or the decedent’s lawyer have earlier drafts, comparing formatting and signatures can show whether your document is printed from an earlier copy.
6. Consider forensic examination if authenticity is disputed. If the will’s authenticity will be litigated, a forensic document examiner can analyze ink, paper, and handwriting. Courts admit that evidence in contested cases.

What if I only have a copy?

If you only have a photocopy, West Virginia law allows the court to admit a copy in certain cases, but you must prove two things: (1) that the will was validly executed (proper signatures, witness testimony, or a self-proving affidavit), and (2) that the original was lost or destroyed (or otherwise cannot be produced) without intent by the testator to revoke it. You will typically need testimony from witnesses or other evidence showing the original’s execution and loss. See the West Virginia statutes on wills and probate for the controlling rules: W. Va. Code, Ch. 41, Art. 5 (Wills).

Filing and proof at probate

When you present a will to the probate court in West Virginia, the clerk will examine it. If the original is available and appears valid, the court admits it and opens an estate administration or probate. If you present only a copy, you should be prepared to file a petition explaining why the original cannot be produced and to offer testimony or other proof of the will’s validity and the original’s loss. A will with a self-proving affidavit generally makes admission quicker because the affidavit can serve as evidence of execution without calling witnesses.

When to get a lawyer

Contact an estate or probate attorney if you:

• are not sure whether you have the original;
• are facing opposition from family members;
• need to file the will with the court but only have a copy; or
• believe the original has been destroyed or altered.

Key takeaways

• The probate court prefers the original signed will. Originals show wet signatures, witness signatures, and often a notarized self-proving affidavit.
• Photocopies can sometimes be admitted if you can prove the original’s execution and loss/destruction under West Virginia probate rules.
• Preserve any suspected original, check with the county probate clerk, and consult an attorney when in doubt.

Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific document or situation in West Virginia, consult a licensed West Virginia probate or estate attorney.

Helpful Hints

• Keep the will in a safe, dry place and avoid handling it unnecessarily.
• Photograph the front and back of each page (do not write on the original) to preserve visual evidence while you seek legal help.
• If the will includes a notary block or self-proving affidavit, note the notary’s name and county — that can speed verification.
• Ask whether the deceased gave the original to an attorney, placed it in a safe deposit box, or filed it with the county clerk — these are common locations for originals.
• If multiple parties claim to have the original, do not transfer custody without a court order or written agreement; preserve the chain of custody and contact counsel.
• If the original appears burned, torn, or altered, photograph it and immediately get legal advice — destruction can be relevant to claims of revocation or fraud.