Probating a copy of a will in Connecticut — a practical FAQ

Short answer: You can ask a Connecticut probate court to admit a copy of a will, but you must overcome the usual presumption that a missing original was revoked. That means filing a petition in the proper probate district, supplying convincing evidence about how the original was lost or unavailable and proof of due execution and contents, giving notice to interested parties, and being ready for a hearing. This article explains the usual proof the court expects and practical steps to improve your chances.

Disclaimer

This is general information only and is not legal advice. Laws change and every case turns on its facts. Talk to a Connecticut probate attorney for advice tailored to your situation.

Detailed Answer

1. The legal issue you must overcome

When a will exists only as a copy and the original cannot be produced after the testator’s death, courts frequently start from a presumption that the missing original was revoked (for example, destroyed by the decedent). That presumption is rebuttable — but you must present clear, convincing, or substantial evidence (depending on the judge) to show the original was not intentionally revoked and the copy accurately reflects the decedent’s last will.

2. What the Probate Court will want to see

Proof of due execution: Evidence that the will was properly signed and witnessed when created. Testimony or sworn affidavits from the attesting witnesses (if alive) are the strongest proof. If the will was “self-proved” (notarized with the witnesses’ affidavits at signing), that helps a lot.
Proof of contents and authenticity of the copy: The copy itself plus testimony or affidavits from people who saw the original or assisted in its preparation. A reliable photocopy or scanned file is usable if you can connect it to the decedent and to the signing event.
Explanation for why the original is missing: Direct evidence (e.g., the original was lost in a house move), affidavits about searches made, or proof the original was taken by someone else. The court needs to be satisfied the original wasn’t intentionally destroyed by the testator to revoke it.
Absence of a later valid will or other proof of revocation: Evidence there was no subsequent will or that the decedent did not take steps that would revoke the copy’s terms (like creating a new will or a written revocation).

3. Typical documentary and testimonial evidence

Affidavits from attesting witnesses that describe the signing event and confirm the copy matches what they saw.
Affidavits from family members, caretakers, attorneys, or the person who prepared the will confirming the testator’s intent and the copy’s accuracy.
Copies of related documents: drafts, lawyer notes, emails, bank or beneficiary designation evidence that reflect testamentary intent.
Proof of search efforts for the original (where you looked, who searched, dates).
Expert opinions (handwriting or forensic document examiners) in contested cases where authenticity is disputed.

4. Court procedure in Connecticut — steps to take

Identify the correct probate district: file in the district where the decedent was domiciled at death.
Prepare a petition to admit the copy of the will to probate. Include the copy, sworn affidavits or witness statements, and a sworn statement explaining the absence of the original.
Provide statutory or court-required notice to heirs, beneficiaries, and other interested persons so they can object if they choose.
Attend the probate hearing. Be ready to present witness testimony and supporting documents. The judge will decide whether the copy may be admitted and whether the estate representative (executor/administrator) should be appointed and whether any conditions or bond are required.
If someone contests admission, the court may hold a full evidentiary hearing; a contested case is often resolved only after live testimony and cross-examination.

5. Practical examples (hypothetical)

Example 1: A decedent signed a will at a lawyer’s office with two witnesses and a notary. After death, the lawyer finds only a photocopy because the file with the original was misplaced. The lawyer and one witness sign affidavits describing the signing and confirming the photocopy’s accuracy. The probate court admits the copy after a short hearing.

Example 2: A decedent kept the original will in a locked drawer; after death the drawer is empty. A family member claims no knowledge. The court may presume revocation unless the person seeking probate can produce convincing evidence the will was lost or stolen and show the copy accurately reflects the decedent’s last wishes. That usually requires stronger proof (multiple witnesses or contemporaneous documentation).

6. Risks and common pitfalls

Relying on a solitary, unsigned photocopy with no witness testimony is weak.
Failure to give proper notice to potential heirs can delay or invalidate the proceeding.
If a later will exists or if there is proof the decedent destroyed the original, the copy may be refused.
Contested cases can be costly and may require depositions, experts, and a longer court process.

7. Where to get forms and more information in Connecticut

Probate forms, local probate office contacts, and general guidance are available from the Connecticut Judicial Branch Probate Court pages: https://www.jud.ct.gov/probate/. For legislative text and statutory background, visit the Connecticut General Assembly website at https://www.cga.ct.gov/. If you plan to file, contact the clerk of the correct probate district for required local forms and filing procedures.

Helpful Hints

Act quickly. Preserve all copies and electronic files and make certified copies for court filing.
Locate and interview the attesting witnesses immediately. Their contemporaneous statements are highly persuasive.
Document searches thoroughly (dates, places searched, who searched) and prepare a sworn affidavit describing the search for the original.
Collect any related communications (emails, drafts, notes from the attorney who prepared the will) to corroborate the copy’s contents.
Give complete and accurate notice to heirs and beneficiaries — ask the probate clerk for the correct notice list and timing requirements.
Consider hiring a Connecticut probate attorney early when a significant estate or likely contest is present. Attorneys know local judges, evidence practices, and can prepare stronger proof and testimony.
If a will was self-proved (notarized at signing), locate the notary and the notarial certificate; that often makes admission of a copy easier.
Prepare for challenges: collect witness affidavits and, if needed, arrange for a handwriting or document examiner.

Final practical checklist before you file

Confirm the decedent’s probate district and clerk contact information.
Assemble the best available copy of the will and as many supporting affidavits or witness statements as possible.
Draft a clear affidavit explaining why the original cannot be produced and the searches you conducted.
Gather any ancillary documents that corroborate the will (emails, drafts, bank or beneficiary records).
File the petition, serve required notices, and be ready to present witnesses at the hearing.

If you need help preparing a petition or gathering admissible proof in Connecticut, consult a probate attorney. A lawyer can evaluate the evidence, prepare affidavits, and represent you at any contested hearing.