How to Confirm a Will Is the Original Under Hawaii Law

Short answer: Look for the signed original document (original ink signature(s) and, ideally, a notarized self‑proving affidavit or witness signatures). If you only have a copy, the Probate Court can sometimes admit a copy if the original was lost or destroyed and you prove its contents and validity. For statute guidance, see Hawaii’s probate code: Hawaii Revised Statutes, Chapter 560. This is general information only and not legal advice.

Detailed Answer — What to look for and the legal framework

In Hawaii, wills and probate matters are governed by the state’s probate code (Uniform Probate Code provisions appear in HRS Chapter 560). Whether a document you have is the original will matters because the probate court generally prefers to admit and probate the original signed instrument.

Features of an original will

• Testator signature in ink. The original should bear the signature of the person who made the will (the testator). Original signatures are usually in pen and show natural ink variation, pressure marks, or pen strokes.
• Witness signatures. Under Hawaii probate rules you normally expect the attesting signatures of the required number of witnesses. A will executed in compliance with Hawaii law will have the witness(es) sign the original document.
• Self‑proved affidavit (notarization). Many wills include a self‑proving affidavit signed by the testator and witnesses before a notary public. A self‑proved will speeds probate because it removes the need for witnesses to testify in court. A notary’s seal or stamp and the original notary signature are clues you have an original.
• Physical characteristics. Originals may have different paper weight or finish, visible indented lines from signing, original staples or fasteners, or seals. Copies (photocopies or scans) often have uniform toner texture, slightly faded signature contrast, or printed artifacts.

What if you only have a photocopy or digital scan?

If you possess only a copy, Hawaii courts can admit a copy under certain conditions. Typically the court will require evidence that:

• The original existed and was validly executed; and
• The original was lost or destroyed through no intent by the person who would benefit from that loss (i.e., it was not intentionally revoked or fraudulently destroyed).

That evidence usually comes from witness testimony, testimony from the person who had custody, or other corroborating records. See the Hawaii probate code for provisions related to lost or destroyed wills in Chapter 560: HRS Chapter 560.

How the probate court resolves disputes about originals

If two people claim different documents are the original, or if someone alleges the document is a forgery or was improperly executed, the probate court will decide. The court may order testimony from witnesses, handwriting experts, or require production of other evidence. If an original signed will is in a safe deposit box, the court has procedures to open the box after death; the Hawaii Judiciary provides probate filing information and local court contacts at courts.state.hi.us.

Practical step‑by‑step checklist

1. Do not alter the document. Preserve it exactly as you received it.
2. Look for original signatures, witness signatures, notary seal, and any handwritten portions. Photograph (but do not handle excessively) and keep the document safe.
3. Ask the person who gave you the document where they got it and whether they know the chain of custody (who had it previously, whether the original was ever filed with an attorney or stored in a safe deposit box).
4. Contact the decedent’s attorney (if known). Attorneys frequently keep originals or can confirm whether an original was prepared and left with them for safekeeping.
5. Check safe deposit boxes, home safes, and important-paper locations. If the testator used a bank or attorney, check there next.
6. If you cannot find an original, talk to a probate attorney about filing for admission of a copy of the will and what evidence the court will require to prove the original’s execution and that it wasn’t revoked.
7. If you suspect fraud or forgery, preserve evidence, do not return the document to the person who gave it to you, and consult an attorney promptly.

Evidence that strengthens a claim the document is an original

• Clear photographs of the original ink signatures and notary seal.
• Witness affidavits from the attesting witnesses stating they signed the original and recalling the signing event.
• Testimony or records showing the testator left the original with the person who produced it (for example, a letter, attorney file note, or a safe deposit log).
• A self‑proved affidavit attached to the will signed and notarized at the time of execution.

When to involve the probate court and an attorney

If the person whose estate is to be administered is deceased and you hold a document that might be the will, you should contact the probate court in the county where the decedent lived or a probate attorney to learn how to proceed. The Hawaii Judiciary site has contact and filing information: https://www.courts.state.hi.us/. A probate attorney can help determine whether the document appears valid, whether you need to file a petition, and how to prove up a lost‑original situation.

Common pitfalls and how to avoid them

• Do not sign, initial, or otherwise mark the document after you receive it; altering it—even inadvertently—can create disputes.
• Do not rely solely on an electronic copy if the estate must be opened; courts prefer originals.
• If someone offers you money or requests the document be returned in exchange for a benefit, preserve the document and contact an attorney—this can be a sign of improper interference.

Helpful Hints

• Label and log: When you receive a potential original, note when, where, and from whom you received it. Keep a chain‑of‑custody log.
• Look for a self‑proving affidavit (notarized). That usually makes the probate process faster and confirms the original signature page is present.
• Ask for witness contact information immediately—witness testimony is often the easiest way to prove an original existed.
• If the original is in a bank safe deposit box, the probate court has procedures to permit access after death; ask the court clerk or a probate attorney how to proceed.
• Keep both original and copies secure. If you must transport the document, carry it personally in a protective folder to avoid damage.
• If in doubt, consult a probate attorney promptly. Small delays can make evidence harder to gather.

Disclaimer: This article provides general information about Hawaii law and practical steps for identifying an original will. It does not provide legal advice and does not create an attorney‑client relationship. For advice tailored to your situation, contact a licensed Hawaii probate attorney or the probate court.