How to confirm a will is the original document

Disclaimer: This is educational information only and not legal advice. If you need legal help, consult a licensed Alabama attorney or the probate court in the county where the decedent lived.

Detailed answer — how to tell whether a will you received is the original (Alabama)

In Alabama, an “original” will is the physical, signed document executed by the testator (the person who made the will) and ordinarily signed by the required number of witnesses. Courts prefer and generally require the original physical will when a will is offered for probate. A copy can sometimes be used, but only under special circumstances (for example, if the original was lost or destroyed and certain proof is provided).

Steps to check whether a will is likely the original:

• Look for the testator’s original signature in ink. Originals normally contain the testator’s wet (ink) signature. Photocopies will show a printed reproduction of the signature.
• Check witness signatures and notations. Alabama usually expects the signatures of witnesses (and, if used, a notary for a self-proving affidavit). Verify whether witness signatures appear in the same ink and look handwritten—photocopies reproduce those signatures as part of the paper image.
• Search for a self-proving affidavit. A self-proved will commonly has a notarized affidavit signed by the witnesses and the testator. A self-proving affidavit makes initial probate easier. The affidavit will include a notary seal or stamp and a jurat date. While a notarized affidavit is strong evidence the attached instrument is original, notarization is not required for a will to be valid under Alabama law.
• Inspect the paper and ink. Originals often have visible pen pressure, indentations, or ink variation that a photocopy lacks. Hold the document up to light to look for indentation of signatures or use a magnifier to see ink texture. Be careful not to damage the document.
• Look for alterations, staples, or added pages. Originals should not be taped, glued, or have loose pages added in suspicious ways. A photocopy may be stapled, and added handwritten notes might indicate the document is not intact.
• Ask about provenance. Ask whoever gave you the will where it was kept and how they obtained it. A clear chain of custody (who held it since the testator’s death) supports authenticity. If someone cannot explain how they got the will, that raises red flags.

What to do next if you suspect it is a copy or you are unsure

1. Do not alter the document. Keep the paper exactly as you received it. Avoid folding, writing on, or otherwise handling it unnecessarily.
2. Contact the probate court. The probate judge in the county where the decedent lived can advise how to present the instrument for probate and will clarify whether the original is required or whether a copy may be accepted with additional proof. The Alabama Judicial System website can help you locate the right court: https://judicial.alabama.gov/.
3. Locate witnesses or the notary. If the witnesses or the notary who signed the self-proving affidavit are available, their affidavits or testimony can help prove authenticity. Witness testimony about execution is strong evidence.
4. Preserve chain of custody and gather records. Keep records about who had the will and when, and collect any related documents: prior drafts, correspondence, or safe-deposit box records.
5. Consider a handwriting or document examiner. If authenticity is contested and substantial assets are at stake, a forensic document examiner can identify handwriting or ink differences between an original signature and a photocopy or fake.
6. Talk to an Alabama probate attorney. An attorney can evaluate the document under Alabama law, advise whether the original must be filed to probate, and help present alternative proof if the original is missing.

How Alabama courts treat copies

If the original will cannot be found, Alabama courts may admit a copy to probate under certain circumstances if the proponent proves the contents of the will and explains the absence of the original (for example, if it was lost or destroyed without intent by the testator to revoke). The specifics depend on the facts and applicable statutes and case law, so consult the probate court or an attorney. For general reference to Alabama statutes and probate procedure search the Code of Alabama resources: https://www.legislature.state.al.us/ and the Legislature’s searchable database: https://alisondb.legislature.state.al.us/.

Statutory and court resources

• Code of Alabama — searchable statutes (use to find provisions on wills, execution, and probate): https://alisondb.legislature.state.al.us/
• Alabama Judicial System — information on probate courts and locating your county probate judge: https://judicial.alabama.gov/

Practical example (hypothetical)

Suppose you are named as executor and someone emails you a scanned copy of a will. Steps you should take: (1) do not rely on the emailed copy for probate; (2) ask for the original paper document and who currently holds it; (3) if the original is unavailable, ask that the holder provide a signed affidavit explaining why the original cannot be produced and identify witnesses; (4) contact the county probate judge about filing requirements; (5) consult an Alabama probate attorney if there is a dispute about authenticity.

Helpful hints

• Always preserve the document in its received condition; place it in a sealed envelope and store securely.
• If you must transport the document to the probate court, use a secure envelope and note the handoff to another person in writing.
• Photocopying the original for your files is okay, but clearly mark the copy “COPY” and store it separately from the original.
• If witnesses are elderly or hard to find, collect their written affidavits promptly while memories are fresh.
• Look for a self-proving affidavit attached to the will. A self-proved will often speeds probate because it removes the need to call witnesses to testify in court.
• If the only thing you have is a photocopy, be prepared to explain where the original is and to gather strong supporting evidence: witness statements, copies of drafts, safe-deposit records, or other contemporaneous documents.
• When in doubt, contact the county probate office before filing anything—procedures and clerk practices vary by county.

Final note

Authentication of a will can be straightforward when an original, signed paper document with witness signatures and/or a self-proving affidavit exists. When only copies exist or authenticity is in doubt, prompt action to preserve evidence, contact the probate court, identify witnesses, and consult qualified counsel will protect estate interests.