What happens if the original will gets lost or damaged in the mail on its way to the courthouse?

Detailed answer — How Arkansas courts handle a lost or damaged original will

If an original will is lost or damaged while being mailed to the probate court in Arkansas, the probate process can still move forward, but you will usually need to use secondary evidence to prove the will and explain how the original went missing or was destroyed.

Key points about the legal framework and typical court practice:

• Probate ordinarily requires the original will. Probate courts normally admit an original will for probate because the original provides the best proof of the testator’s intent and execution.
• Loss or destruction does not automatically revoke the will. If the original is lost or destroyed without the testator’s intent to revoke it (for example, it was lost in the mail after the testator signed it), Arkansas courts will consider admitting a copy or other evidence of the will rather than treating the will as revoked.
• Proof standard: you must show the will’s contents and that the original was valid and not revoked. Courts typically require convincing evidence about three things: (a) that the document was a duly executed will, (b) what the document’s contents were, and (c) that the original was lost or destroyed without the testator’s intent to revoke it. That evidence often must be strong (sometimes described as clear and convincing, depending on the judge).
• Usual kinds of evidence the court will accept: a certified or attested copy of the will (for example, a copy kept by the drafting attorney), testimony or sworn affidavits from the witnesses who saw the testator sign the will, an affidavit from the attorney who prepared or mailed the will, copies of courier tracking records or USPS receipts, and testimony showing the will was in the testator’s possession and later disappeared without evidence of revocation.
• If the will was damaged in transit: If you recover the damaged original, bring it to the court. Even a damaged original may be admitted if the court can read and verify the instrument and the signatures. If the original is irreparably damaged and unreadable, treat it the same as a lost original: gather secondary evidence and file a petition to admit a copy.
• Procedural step — file a petition to admit a copy or to admit the will under secondary evidence rules. In practice you (usually the nominated executor or an interested party) file a petition with the county probate court asking the court to admit the will despite the absence or damage of the original. The petition should attach any available copy, witness affidavits, mailing records, and other proof. The court may schedule a hearing where interested parties can object.
• Opposition from heirs or beneficiaries. Heirs or other interested persons can challenge admission by arguing the testator revoked the will or by challenging authenticity. Be prepared for opposing testimony and be ready to present your documentary and witness evidence.
• Contact the probate clerk early. Probate clerks vary in practice. If the original is lost or damaged in transit, immediately contact the clerk’s office where the will was mailed. They can explain local forms or temporary procedures (for example, whether they can accept a copy and an affidavit while you pursue formal admission).
• Where to look for Arkansas rules and court information. For general guidance on probate procedures and local court contacts, see the Arkansas Judiciary website and the Arkansas legislative code site:

Arkansas Judiciary (probate court info): https://www.arcourts.gov/
Arkansas legislative code and statutes: https://www.arkleg.state.ar.us/

What you should do right now — practical steps

1. Stop sending duplicate originals. If you still have a copy, preserve it and do not circulate it unnecessarily.
2. Contact the carrier immediately. Get tracking records, delivery attempts, insurance claims, and written confirmation of loss or damage.
3. Call the probate clerk where the will was being filed. Explain the situation and ask for their procedures and required forms.
4. Gather evidence that the will was validly executed: affidavits from the attesting witnesses, the attorney who drafted or mailed the will, and anyone else who saw execution or witnessed the testator’s intent.
5. Locate any contemporaneous copies: the drafting attorney’s file copy, a scanned copy stored by the testator, or a copy provided to a trustee or financial institution.
6. If you can, obtain a sworn statement (affidavit) from the person who mailed the will describing how it was packaged, addressed, and tracked and that there was no intent by the testator to revoke the will.
7. File a petition to admit a copy or to admit the will under secondary evidence rules. Include all documentary evidence and affidavits.
8. Consider hiring a probate attorney if beneficiaries object, if estate assets are large, or if the factual record will be hard to prove.

Common scenarios and likely outcomes

Scenario A — The attorney has a signed copy and witnesses will attest: The court will likely admit the copy if witnesses and the attorney provide clear affidavits that the original existed, was validly executed, and was not revoked.

Scenario B — No witnesses available, but a scanned copy exists with email metadata: The court may admit the copy if metadata and other circumstantial evidence convincingly show the testator signed the will and did not intend revocation. This will be harder and may prompt objections.

Scenario C — Heirs claim revocation or the testator had intent to revoke: The court will hold a hearing, and the burden will be on the proponent of the will to prove authenticity and lack of revocation. If the court is not satisfied, it may refuse to admit the will and the estate will pass under intestacy or an earlier valid will.

Helpful hints

• Keep every piece of paper and digital log about the mailing: tracking numbers, receipts, emails, photos of the envelope. Courts treat contemporaneous records as strong evidence.
• Get written affidavits from the two attesting witnesses if they are available. Their sworn statements carry a lot of weight.
• If an attorney prepared the will, request a certified copy from the attorney’s file and an affidavit about the will’s execution and mailing.
• Ask the courier or post office for a written loss/damage report and retain all correspondence and claim numbers.
• Act promptly. Probate and evidentiary circumstances can become harder to prove with delay.
• If the estate contains high-value assets or a risk of contest, consult a probate attorney experienced in Arkansas law to prepare the filings and proofs.

Final note and disclaimer

This article explains general steps that often apply in Arkansas when an original will is lost or damaged in transit. It is educational only and not legal advice. Laws and local court procedures change. For help specific to your situation, contact the probate clerk in the county where the deceased lived and consider getting legal advice from a licensed Arkansas probate attorney.