Detailed answer — how Arizona law treats a lost or damaged original will

Arizona probate courts ordinarily prefer the original signed will when admitting a will to probate. If the original is lost or damaged while being mailed to the courthouse (for example, after the testator’s death or while in the attorney’s or personal representative’s custody), the court will look to the available evidence to decide whether to admit a copy or other proof of the will’s contents.

Key legal principles you should know:

• Requirement of the original: Courts prefer the original document because it is the best evidence of the testator’s intent and the formalities required at execution.
• Admitting a copy or secondary evidence: If the original cannot be produced, the court may admit a copy (or other evidence of the will’s terms) if the person seeking probate proves the contents and proper execution of the will. That usually requires testimony or affidavits from people who witnessed the will’s signing or who have direct knowledge of the document and its execution.
• Rebutting any presumption of revocation: If a will was last known to be in the testator’s possession and then cannot be found, some jurisdictions apply a presumption that the testator revoked the will. You can rebut that presumption with evidence showing the will was not destroyed or that the testator did not intend revocation.
• Burden of proof: The person asking the court to admit a lost or damaged will must present strong, credible evidence (often requiring clear and convincing proof) to establish the will’s contents and that it was validly executed.

Arizona’s probate law is found in Title 14 of the Arizona Revised Statutes. For background on probate procedures, see Arizona probate information from the Arizona courts and the statute collection for Title 14:

• Arizona Courts — Probate Self-Help & Procedures
• Arizona Revised Statutes — Title 14 (Probate)

Typical evidence the court will want

To admit a lost or damaged will, the court often asks for:

• An authenticated copy of the will (clean photocopy, certified copy if available, or an electronic copy sent earlier).
• Affidavits or sworn testimony from the witnesses who saw the testator sign the will (attesting witnesses) confirming the signing and that the document shown to them is the will.
• Affidavits from the attorney who prepared or handled the will, or from the custodian who had the will before mailing, explaining chain of custody and how the loss/damage occurred.
• Documentation of mailing or delivery attempts (tracking numbers, postal receipts, or communications with the clerk’s office).
• Any other relevant proof (email copies, draft copies, file copies, metadata, or testimony from people who saw the original after execution).

Practical court process

1. Immediately check with the postal carrier and the courthouse: look up tracking, file a missing-mail or damage claim, and ask the probate clerk if the document was received or if a damaged envelope arrived.
2. Collect and preserve copies and related evidence: retain photocopies, digital copies, drafts, emails, and any correspondence about the will or mailing.
3. Obtain sworn statements from witnesses and from anyone who handled the will (attorney, paralegal, family member). These statements should explain who signed the will, when, how it was stored, and exactly what happened to the mailed original.
4. If the courthouse never received the original, file a petition to admit a copy of the will (or to admit secondary evidence) with the probate court. In that petition you will explain the loss/damage and attach the supporting affidavits and copies.
5. The court may schedule a hearing. Interested persons may object. The court will evaluate the evidence and either admit the copy/secondary evidence or deny admission if the proof is insufficient.

What can go wrong

Potential problems include:

• Insufficient evidence of valid execution — if attesting witnesses are unavailable or unwilling to testify, proving the will’s validity will be harder.
• Competing claims — heirs or alternate beneficiaries may contest admission and argue the will was revoked or that a copy is unreliable.
• Delays — missing originals can cause delay in appointing a personal representative and distributing assets, and may increase legal costs.

If the will is damaged but physically present

If the original arrives damaged but legible, bring it to the court. Courts may admit damaged originals if the signatures and material terms remain clear. If damage raises questions about alteration or intent, the court will scrutinize testimony and expert evidence.

When to get help from an attorney

Given the procedural and evidentiary hurdles, consider a probate attorney if the mailed original is lost or damaged. An attorney can help gather affidavits, draft the petition required by the court, preserve chain-of-custody evidence, and represent you at hearings. If the estate is straightforward and all interested parties agree on admitting a copy, you may be able to proceed with less cost — but a lawyer can reduce the risk of errors that cause rejection later.

Important: This article explains general principles and steps under Arizona probate practice. It does not establish legal rights for any specific case.

Helpful hints

• Act quickly: check tracking with the mail carrier and contact the courthouse as soon as you learn the original didn’t arrive.
• Document everything: keep emails, tracking details, receipts, and notes of phone calls about the mailing or the courthouse receipt.
• Get sworn statements from the attesting witnesses and the person who mailed the will describing the will’s execution and the chain of custody.
• Preserve copies and backups: keep any photocopies, scanned files, drafts, or earlier electronic versions of the will in safe custody.
• Ask the court clerk what paperwork they require to petition for admission of a copy or secondary evidence.
• Prepare for objections: obtain more proof than you expect to need — the court weighs the totality of evidence before admitting a lost or damaged will.
• Consider insurance/claims for a lost/damaged mailing: if the mailing was insured (or the carrier was negligent), a claim may help recover costs associated with delays or attorney fees.
• If multiple parties agree, consider a stipulated petition where possible to speed the court process; but get the settlement or stipulation on record.