Disclaimer: This is general information, not legal advice. I am not an attorney. For advice about your situation, consult a licensed Arizona probate lawyer.
Detailed Answer — How to get a copied will admitted in Arizona without a presumption it was revoked
When the original will cannot be located after a person dies, Arizona law allows a copy to be offered for probate, but the court will carefully evaluate whether the original was revoked. To reduce the risk that a court will presume the will was revoked, follow steps that establish three key facts: (1) the will was validly executed, (2) the original existed and its contents are reliably shown by the copy, and (3) the decedent did not revoke the original before death. The controlling statutory framework appears in Arizona’s probate statutes, especially A.R.S. §14-2502 and A.R.S. §14-2504.
Relevant statutes (read them for full text and context):
- A.R.S. §14-2502 — Revocation of wills by writing or act.
- A.R.S. §14-2504 — Proof and admission of wills when originals are lost or destroyed.
Practical steps to strengthen your petition
- Immediately secure every copy and any evidence about the original. Preserve photocopies, scans, emails to/from the decedent and the drafting attorney, the attorney’s file (including drafts and billing records), safe-deposit box records, and any contemporaneous notes. Do not alter or annotate the copy.
- Gather witness testimony about execution and custody. Identify and obtain affidavits or declarations from witnesses who saw the decedent sign the original (attestation witnesses, notary, the drafting lawyer). Also seek statements from anyone who regularly handled the decedent’s papers and can explain why the original is missing (for example, lost in a move, accidentally destroyed, or removed by someone else).
- Document reasons the original is missing without intent to revoke. If the original was lost, destroyed by accident (fire, flood), or misplaced when the decedent moved, collect records that support that explanation (insurance claims, police reports, moving inventories, witness affidavits). If the decedent kept the will in a lawyer’s file, get the attorney to confirm file contents and file-handling procedures.
- Show the copy is an accurate reflection of the original. Produce the best available copy: a high-quality photocopy or scan, or a certified copy from the attorney who drafted the will. If the copy is a draft rather than the final executed instrument, explain and prove the differences (assist the court by showing the final executed text via witnesses or attorney records).
- File the correct petition in the probate court without delay. File a petition for admission of will and appointment of personal representative in the county where the decedent lived. Attach affidavits and documentary evidence supporting execution and non-revocation. Give proper statutory notice to interested persons so the court can consider any objections.
- Be prepared for opposing arguments. People who benefit from intestacy or a later will may argue the original was intentionally revoked (burned, torn, or canceled). The court will weigh evidence on intent to revoke. A carefully documented chain of custody for the original and strong, consistent witness testimony reduce the danger of a presumption of revocation.
- Consider temporary relief if someone has removed or hidden the original. If you suspect the original has been concealed, seek immediate court action (for example, discovery, turnover motions, or an injunction) to prevent further loss and to require disclosure of the original’s whereabouts.
How Arizona courts typically evaluate a missing original
Under Arizona probate practice, the court looks first to the statutory rules and then to the evidence presented. If the original will was last in the possession of the testator and cannot be found after the testator’s death, some jurisdictions apply a presumption that the testator intended to revoke it. To overcome that presumption, offer credible, contemporaneous, and corroborating evidence that the original was lost or destroyed without intent to revoke and that the copy correctly shows the testator’s last wishes. Expert or attorney testimony about drafting and file-keeping practices can be persuasive.
Common evidentiary items that carry weight
- Affidavits from the attesting witnesses who saw the will executed.
- Attorney’s file entries, final signed draft, and billing records showing the will was prepared and delivered.
- Contemporaneous communications from the decedent (emails, texts, letters) that reference the will and its terms.
- Photocopies or certified copies dated before death and stored separately from the decedent’s personal papers.
- Evidence explaining why the original cannot be located (storage loss, destruction, theft), corroborated by records or third-party statements.
What can happen if the court is not convinced
If the court finds the evidence insufficient, it may rule the will was revoked or refuse to admit the copy. That outcome can lead to intestate distribution or admission of an earlier valid will. Interested persons may object and request a hearing. Because outcomes turn on the particular facts and strength of proof, careful preparation before filing improves the chance the copy will be admitted.
Helpful Hints
- Start collecting evidence now: copies, attorney files, witness affidavits, and any records that explain why the original is missing.
- Get written affidavits from the witnesses who saw the will signed and from anyone who handled the decedent’s papers.
- Ask the drafting attorney for a certified copy and an affidavit about file retention and what they remember about the signing.
- Keep an unaltered chain of custody for every copy or electronic file you provide to the court.
- File promptly. Some deadlines or creditor-notice requirements apply after death — delaying can complicate proceedings.
- If someone admits they destroyed the original, obtain a written admission and consult an attorney immediately — courts treat such admissions as important evidence on intent to revoke.
- Expect hearings and possible objections. Courts routinely allow interested parties to challenge admission of a copy; be prepared to present clear, credible proof.
- Consider legal help. A licensed Arizona probate attorney can assess evidentiary gaps, prepare affidavits, draft the petition, and represent you at hearings.
Final note: The rules and outcomes depend on the facts and the probate judge’s view of the evidence. Use the statutes cited above to review the law, but consult an Arizona probate lawyer to apply the law to your case.