FAQ: What Happens if a Will Is Lost or Destroyed in Arkansas?

Short answer: In Arkansas, a will that is physically lost or destroyed may still be effective if you can prove what it said and why the original is missing. If the testator intentionally destroyed the will with the intent to revoke it, the destruction generally revokes the will. Courts resolve these issues in probate court, and they require clear, convincing evidence when the original will cannot be produced.

Detailed answer — how Arkansas law treats lost or destroyed wills

1. Two different problems: revocation vs. nonproduction

When a will cannot be found at the testator’s death, courts ask two questions:

1. Was the will intentionally revoked by the testator (for example, by tearing, burning, or otherwise destroying it with the intent to revoke)? If yes, the will is invalid.
2. If there was no intent to revoke, can the estate prove the contents of the lost or destroyed will so the court can admit it in probate?

2. Intentional destruction usually revokes the will

If the testator physically destroyed the will while intending to cancel it, Arkansas law treats that act as revocation. Courts usually look for direct or circumstantial evidence of intent: testimony that the testator said they wanted the will revoked, evidence the testator burned or tore the will, or similar acts. When the testator both destroyed the document and intended revocation, the estate generally cannot probate that will.

3. Lost or destroyed without intent — courts may admit secondary evidence

When the original will cannot be produced but there is no evidence the testator intended to revoke it, Arkansas probate courts will consider admitting secondary evidence (for example, a photocopy or witness testimony) of the will’s contents. The court will require strong proof. Typical evidence the court will consider:

• Testimony from the attesting witnesses (those who signed the will) about the will’s contents and signing formalities.
• A photocopy or draft of the will that matches witness memory.
• Testimony explaining where the original was kept and why it cannot be produced (for example, loss, accidental destruction, or a third party’s action).
• Affidavits from persons with direct knowledge of the will’s contents or the circumstances of its disappearance.

Court practice requires that proof be clear and convincing before admitting a will in the absence of the original document.

4. Presumption when the testator had possession

If the testator had the will in their possession and it cannot be found after death, the law often presumes the testator intended to revoke it. That presumption can be overcome by strong evidence that the will was lost or destroyed accidentally or removed by a third party. The burden to overcome the presumption falls on the person who wants the will admitted to probate.

5. Copies and duplicate originals

A photocopy or printout of a will is helpful but not automatically sufficient. If a signed original cannot be produced, Arkansas courts typically require corroborating evidence (attesting witness testimony, consistent copy plus other proof) before admitting the copy as the decedent’s will.

6. What happens if the will is held revoked?

If the court finds the will was validly revoked (for example, testator intentionally destroyed it), the estate will be administered under the next valid will (if there is one) or under Arkansas’s intestacy rules. Intestacy means state law determines who inherits, which can differ significantly from the testator’s likely wishes.

7. Practical probate steps in Arkansas

1. Search thoroughly: check safe-deposit boxes, attorney files, personal papers, and banks.
2. Locate and interview the attesting witnesses and any persons who saw the will or the testator’s instructions.
3. Collect copies, drafts, and related documents (codicils, trust documents, beneficiary forms).
4. Get affidavits from witnesses and anyone with direct knowledge of the circumstances.
5. File a petition in the county probate court to admit the will (or a copy) to probate and attach the evidence.
6. Be ready for possible hearings where the court weighs evidence and testimony under the required standard of proof.

Where to find Arkansas law and forms

For official information about Arkansas probate procedure and local court rules, start with the Arkansas Judiciary website and the Arkansas General Assembly resources:

• Arkansas Judiciary (probate information and forms): https://www.arcourts.gov/
• Arkansas General Assembly (Arkansas Code and searchable statutes; see Title 28 — Probate): https://www.arkleg.state.ar.us/

Note: specific statute numbers for lost or destroyed wills are handled in probate statutes and court decisions. Local probate clerks and attorneys can point you to the exact Arkansas Code sections that apply.

Helpful Hints

• Act quickly. The longer you wait after a testator’s death, the harder it is to reconstruct evidence and overcome presumptions.
• Look for original location. If the testator kept the will in a known place (a safe-deposit box, a lawyer’s office), obtain records and sworn statements explaining who had access.
• Find attesting witnesses. Witness testimony about the signing ceremony and content is one of the strongest forms of proof when an original is missing.
• Keep copies and drafts. Photocopies, scanned files, or drafts help show the will’s contents and consistency over time.
• Document search efforts. Keep a written record of where you searched and whom you asked. The court will want to know why the original isn’t produced.
• Consider mediation. Disputes about a lost will often lead to contested probate. Mediation can resolve disagreements without lengthy litigation.
• Get local help. Probate practice varies by county and judge. An Arkansas probate attorney can file the correct petition and compile the evidence the court needs.

Start here if you’re facing a lost or destroyed will

If you are handling an estate in Arkansas and the will is missing, begin by searching for the original, locating witnesses, and gathering copies or drafts. Then consult the county probate clerk or an Arkansas probate attorney to prepare and file the appropriate petition. Proper early steps improve the odds that a court will admit a lost or destroyed will on the basis of strong secondary evidence.

Disclaimer: This article is for general information only and does not provide legal advice. I am not a lawyer. For advice about a specific situation in Arkansas, consult a licensed Arkansas probate attorney or your local probate court.