Detailed Answer — What happens if a will is lost or destroyed in Connecticut?

When a person (the testator) dies and the original signed will cannot be found, Connecticut probate practice follows a basic framework: the probate court will try to determine whether a valid will ever existed and whether the will was revoked. If the estate representative can prove the contents and validity of the missing will, the court may admit a copy into probate or otherwise carry out the testator’s intent. Because this area involves both statutory rules and longstanding probate principles, the exact process depends on the evidence available and the court’s findings.

Key legal principles

• Presumption of revocation by physical act: If the decedent had the original will in their possession and it is later missing, Connecticut courts generally start from a presumption that the testator revoked it by destroying it (for example, by tearing or burning). That presumption is rebuttable — you can introduce evidence that explains the disappearance (lost, accidentally destroyed, destroyed by someone else without the testator’s consent, etc.).
• Admitting a copy: If only a copy of the will exists, Connecticut probate courts may admit that copy if the proponent provides clear and convincing evidence establishing (1) the will’s contents, (2) that the will was properly executed when created, and (3) that it was not revoked by the testator before death. Witness testimony, draft copies, attorney files, and other documentary evidence can help meet this standard.
• Third-party destruction: If a third party destroyed the will without the testator’s intent to revoke (for example, an accidental destruction or malicious destruction by someone else), courts will consider evidence to rebut the presumption of revocation and may admit a copy or otherwise give effect to the testator’s last intent.

Typical court process in Connecticut

1. Search and inquiry: Before filing, the personal representative or interested person should conduct a thorough search (attorney offices, safe-deposit boxes, home files, and with family members). Document the search steps.
2. Petition to probate: The proponent files a petition in the local probate court to admit a will (a duly executed original, a copy, or to establish the contents of a lost will). The local probate clerk can explain the required forms and filing process.
3. Evidence and affidavits: Submit any available copies of the will, witness affidavits (especially from attesting witnesses or the drafting attorney), correspondence, drafts, or other proof of the testator’s intent and proper execution.
4. Hearing: The court may schedule a hearing. Opposing parties can contest admission on grounds such as lack of authenticity, improper execution, or revocation.
5. Court decision: If the court finds sufficient proof that a valid will existed and was not revoked, it may admit a copy to probate or otherwise recognize the will’s provisions. If the court finds the will was revoked or proof is inadequate, the estate will be administered under a later valid will (if any) or under intestacy rules.

What evidence helps admit a lost or destroyed will?

Useful evidence includes:

• A copy of the will (typed or photocopy).
• Affidavits from the attesting witnesses who saw the testator sign the will.
• The drafting attorney’s file, which can show the executed document and the date.
• Contemporaneous emails, letters, or communications that confirm the testator’s intent or the will’s provisions.
• Testimony that explains the last known possession and circumstances of loss or destruction.

Practical examples (hypothetical)

Example 1 — Lost after safe-keeping: A testator executed a will with two witnesses, placed the original in a lawyer’s file, and told family where it was. After death, the lawyer’s office cannot locate the original but has a signed copy and a billing record showing the will was prepared and filed. The probate court may admit the copy if the lawyer and the witnesses testify about proper execution and that the testator did not revoke it.

Example 2 — Last seen with testator: A will was last seen in the testator’s home. After death, no original is found. Because the will was last in the testator’s possession, Connecticut law starts from a presumption of revocation by physical act. The proponent must provide convincing evidence that the testator did not intend to revoke the will (for example, testimony that the testator told others they had misplaced the will but did not destroy it).

Where to look in Connecticut law and court resources

Connecticut statutes and probate court procedures control probate practice. For statutory text and probate resources, consult the Connecticut General Assembly site and the Judicial Branch probate pages:

• Connecticut General Assembly — current statutes and searchable resources: https://www.cga.ct.gov/current/
• Connecticut Judicial Branch (Probate information and local court contacts): https://jud.ct.gov/

Because statutes and local forms are updated, check the applicable probate court’s instructions and speak with the probate clerk about specific filing requirements.

Bottom line

If the original will is lost or destroyed in Connecticut, you can still seek probate of the testator’s intent, but you must present convincing evidence. Expect a probate petition, a factual hearing, and a need to rebut any presumption of revocation when the will was last in the testator’s possession. Good documentary evidence and witness testimony raise the chance that a copy will be admitted.

Disclaimer: I am not a lawyer. This article explains general Connecticut probate concepts and is not legal advice. For advice about a specific situation, consult a Connecticut probate attorney or the local probate court.

Helpful Hints — Practical steps to handle a missing will in Connecticut

• Search thoroughly first: check attorney folders, safe-deposit boxes (coordinating with the bank and probate clerk), personal files, and digital storage.
• Document your search steps in writing and keep receipts (phone calls, visits to attorney offices, bank inquiries).
• Collect copies: photocopies, scanned copies, and any drafts can be admitted as evidence; secure them immediately.
• Talk to witnesses: ask attesting witnesses and the drafting attorney to prepare signed affidavits describing the execution and the testator’s statements.
• File promptly: contact the local probate court to learn the exact form of the petition to admit a copy or to establish the contents of a lost will.
• Be ready to rebut the presumption of revocation: if the will was last in the testator’s possession, gather evidence showing accidental loss or destruction by others.
• Consider mediation: contested matters sometimes resolve outside court when family members agree on admission of a copy or on distribution terms.
• Consult an attorney: an experienced probate attorney can assemble evidence, prepare the petition, and represent the estate at any hearing.