Detailed answer — key steps to verify a will’s originality

Start by looking at the physical document and the surrounding circumstances. In Arkansas, a valid last will and testament is normally a written document that the testator signs in the presence of witnesses. The original will is the signed, physical document the testator executed. Common indicators of an original include the testator’s original signature (hand-signed, not photocopied), witness signatures, and any notarized self-proving affidavit attached to the will.

Step 1 — Examine the document for original signatures and attestation

Check whether the testator’s signature appears to be hand-signed (ink impression, stroke variations) rather than machine-printed or photocopied. Also look for the signatures of two attesting witnesses. In most jurisdictions, including Arkansas, wills are typically signed by the testator in the presence of witnesses who then sign themselves. A notary acknowledgment or a self-proving affidavit (a notarized statement signed by the testator and witnesses) makes proving the will easier at probate.

Step 2 — Look for a self-proving affidavit or notary certificate

A self-proving affidavit is a sworn, notarized statement appended to the will that often contains the signatures of the testator and the witnesses and language that helps the probate court accept the signatures without calling witnesses to testify. If the document includes a notarized self-proving affidavit, that strongly suggests you have the original paper executed at the time of signing.

Step 3 — Compare paper, ink, and any unique marks

Original wills are typically on the same paper throughout; signatures will match the surrounding handwriting or inks. Copies (photocopies or scanned printouts) often show uniform printed texture, and signature lines may look flat or lack ink variation. Look for original indentations, different ink colors, or pen impressions. If you have an electronic copy only, it cannot replace the original physical will for probate unless Arkansas law and the court allow admission of electronic records in a particular case.

Step 4 — Ask whether the will was ever filed with the probate court

In Arkansas, as in other states, the usual process is to file the original will with the probate (or circuit) court when someone seeks probate. If someone has already filed an original will with the court, the court becomes the custodian of the original after intake. You can check with the local probate (circuit) court to see whether an original was filed. Arkansas court resources and local clerks can tell you whether a will has been filed for probate in the county where the decedent lived.

Step 5 — If the original is missing, consider the “lost will” rules

If you have only a copy and the original cannot be found, Arkansas law allows the court to admit a copy of a lost or destroyed will under certain conditions, but the party seeking admission must usually prove the contents of the original by clear and convincing evidence and explain the loss. That proof can include testimony from witnesses, photocopies, email drafts, or other corroborating evidence showing the testator’s intent and the will’s contents.

Step 6 — Contact the probate court or an attorney if there’s a dispute

If someone claims a different document is the original, or if you worry that the document you have is only a copy, contact the clerk of the circuit court that handles probate in the decedent’s county. The clerk can tell you whether an original has already been filed. If there is disagreement about authenticity, an attorney can help you petition the court to determine whether the document you hold is the original and whether it can be admitted to probate.

Hypothetical example

Suppose you receive a will from your sibling after their parent dies. The paper shows the parent’s signature and two witness signatures, and it includes a notarized self-proving affidavit. You check with the probate clerk and find no will was filed. The physical indicators (hand-signed signature, notary stamp, witness signatures) make it likely you have the original. You should take the document to the probate office and ask about filing it for probate or talk to a probate attorney to confirm next steps.

Relevant Arkansas resources

Arkansas statutes on estates and probate are contained in Arkansas Code Title 28 (Estates). For statutes, forms, and explanatory resources, see the Arkansas Legislature website for Title 28: https://www.arkleg.state.ar.us. For local filing procedures and probate clerk contact information, see the Arkansas Judiciary site with court and probate resources: https://www.arcourts.gov.

Important: Laws and local procedures can vary by county and can change over time. The links above point to official Arkansas government resources where you can find current statutes, county court contacts, and probate filing rules.

When a copy might be admitted instead of the original

If the original will is lost or destroyed, Arkansas courts may permit a copy to be admitted to probate in appropriate circumstances. The person requesting admission must usually establish:

• That a valid will once existed;
• That the original cannot be found after a diligent search; and
• That the contents of the will are proven by clear and convincing evidence (examples: reliable photocopies, drafts, witness testimony, or other corroboration).

If there is evidence the decedent intentionally destroyed the will with the intent to revoke it, the court will weigh that evidence. Because proving a lost will can be fact-intensive, courts sometimes hold hearings to resolve competing claims.

When to consult an attorney

Get legal help if any of the following apply:

• Someone else claims to have the original or claims you hold a forged document.
• The original is missing and you want to admit a copy to probate.
• There are suspicious circumstances around the signing, storage, or discovery of the document.
• You need help filing the will with the court or responding to a contested probate.

An attorney can advise how Arkansas law applies to your facts, help gather evidence to prove authenticity, and represent you in court if needed.

Helpful Hints

• Keep the original will in a safe, dry place and do not alter it. Touching or modifying the document can raise questions about authenticity.
• If you find what you think is an original, do not mail it or leave it unattended; take it to the probate clerk or an attorney for safekeeping and filing advice.
• Photograph the front and back of the document and note where and when you found it. That information can help establish chain of custody.
• Ask the person who gave you the will when and where they obtained it. Documentary background (envelopes, notarization dates, draft versions, emails) strengthens proof of authenticity.
• Contact the county probate (circuit) court clerk to see whether an original had already been filed and to learn local filing requirements and fees.
• If the will has a self-proving affidavit, the probate process will usually be smoother because the court can rely on the affidavit instead of calling witnesses to testify in court.
• If you only have a copy, start collecting supporting evidence right away: copies, drafts, witness contact information, email exchanges, or any other documents showing the testator’s intent and the will’s contents.