Detailed Answer

When you receive a document that is said to be someone’s will, the first and most important question for Wyoming probate is: is that document the decedent’s original will or a copy? Courts prefer to admit the original will to probate. If you only have a copy, Wyoming courts may still allow probate, but you will need to explain why the original is absent and supply proof that the copy accurately reflects an executed will.

Step-by-step actions to confirm whether a will is the original

1. Look for original signatures and notary marks. An original will typically has the testator’s signature (and the signatures of required witnesses) in ink. Check for a notary acknowledgment (if applicable) and the notary seal or stamp. Photocopies usually show uniform greyscale; originals have ink texture, pressure indentations, and possibly different ink colors.
2. Examine the paper and printing features. Originals often have watermarks, raised seals, different paper weight, or stapled attachments. Copies may show margin cutoffs, duplicated printer dots, or lack of an original signature impression.
3. Check for witness affidavits or self-proving affidavit. Many wills include a self-proving affidavit signed before a notary and witnesses; an original self-proving affidavit is strong evidence the will is original. If the document you have lacks a self-proving affidavit but includes witness signatures, you may still be able to verify authenticity through witness testimony.
4. Ask the person or attorney who provided the will about the source and custody. Find out where the document was stored (lawyer’s safe, safe-deposit box, a personal safe). Confirm whether an attorney, bank, or custodian has the original.
5. Search probate and county court records. If the decedent previously filed the will or attempted probate, there may be a recorded or filed original. Contact the clerk of the district court in the county where the decedent lived and ask whether an original will is on file. (Wyoming probate matters are handled in the district court and related statutory rules appear in the Wyoming statutes; for general reference see the Wyoming Legislature website: https://wyoleg.gov/ and the Wyoming courts site: https://www.courts.state.wy.us/.)
6. If only a copy exists, gather supporting proof. Collect all available evidence that the copy is an accurate reproduction of an executed will: witness contact information and sworn statements, email drafts, attorney drafts, printouts showing the will text, notes or signed drafts by the testator, photos of the original, and any proof the testator intended the document to be their will.
7. Obtain sworn statements or affidavits from witnesses or the drafting attorney. Witness testimony that they saw the testator sign the will, or an attorney’s affidavit about drafting and execution, is critical when the original is missing. These statements are often required to admit a copy to probate.
8. Consider forensic or handwriting analysis if authenticity is contested. If someone challenges whether the signature is genuine, a forensic document examiner can analyze ink, handwriting features, and paper. This is a specialized and sometimes costly step used when there is a dispute.
9. File the appropriate petition in district court when original is missing. If the original cannot be located, Wyoming law allows the court to admit a copy if the petitioner proves the original’s absence and the copy’s accuracy (court procedures and local forms will guide the exact filings). The court will consider witness affidavits and other proof before admitting a copy.

What the court will expect

Wyoming district courts require proof that an alleged will was validly executed and that the original is missing for some reason other than the testator’s intent to revoke. The court wants a clear chain of custody and evidence that the copy is faithful to the executed will. If there is evidence of revocation (for example, the original was intentionally destroyed by the testator), the court will not admit a copy.

When to involve a probate attorney

If the original cannot be found, or if anyone contests the will’s authenticity, consult a probate attorney. An attorney can prepare the petition to admit a copy, gather affidavits, handle subpoenas for witnesses, and represent your interests in court. If you suspect fraud, a lawyer can also advise whether criminal referral or civil claims are appropriate.

Where to read the law and forms: General probate and wills-related statutes and procedures are published by the Wyoming Legislature and the Wyoming courts. Start with the Wyoming Legislature site at https://wyoleg.gov/ and the Wyoming Judicial Branch at https://www.courts.state.wy.us/ for local probate rules and court contact information.

Disclaimer: This is general information, not legal advice. For advice about a specific situation, consult a licensed Wyoming attorney.

Helpful Hints

• Keep the document in a safe, dry place and limit handling to preserve ink and paper evidence.
• Take high-quality photos of the document (showing signatures and margins) before sending it anywhere.
• Always ask for the chain of custody: who had the paper and when. That history matters in court.
• Contact the decedent’s attorney, bank, or safe-deposit box provider early — they often know where originals are kept.
• If witnesses are elderly or hard to reach, obtain their sworn statements quickly while memories are fresh.
• Do not try to alter or repair any document (taping, adding pages, or erasing marks). Those actions can be misinterpreted as tampering.
• If the matter appears contested or complicated, hire a probate attorney to protect your rights and to prepare the necessary court filings.
• If you suspect forgery or criminal conduct, preserve evidence and report concerns to law enforcement in addition to consulting a lawyer.