Short answer

If the original will cannot be found after a person’s death in Indiana, the will is not automatically invalid. A lost or destroyed will can often still be admitted to probate if you can prove the will was validly executed and not revoked. If the testator intentionally destroyed the will with the intent to revoke it, the court generally treats the will as revoked. The probate court will decide whether to admit a lost will based on the evidence presented.

Detailed answer — How Indiana law treats lost or destroyed wills

Indiana handles wills under the Probate Code (Title 29). For a will that cannot be located after the testator’s death, two legal questions usually determine the outcome:

1. Was the will validly executed? A will must meet Indiana’s formal requirements (signatures, witnesses, etc.) to be valid. See the Indiana Probate Code, Title 29 for general rules: https://iga.in.gov/legislative/laws/2023/ic/titles/029.
2. Was the will revoked before death? Revocation can occur in two main ways:
   • By the testator’s physical act (for example, burning, tearing, or otherwise destroying the will) combined with an intent to revoke.
   • By executing a later will or codicil that revokes the earlier instrument.

Key points courts consider in Indiana:

• If the original will is missing but there is no convincing evidence the testator revoked it, the proponent of the lost will may petition the probate court to admit secondary evidence (copies, witness testimony) to prove what the will provided and that it was validly executed.
• Court admission generally requires clear and convincing proof that the lost or destroyed document was the testator’s last will and that it had not been revoked.
• If the testator is shown to have destroyed the will with intent to revoke it, the will is treated as revoked and cannot be admitted.

Indiana courts will weigh testimony from the will’s witnesses, photocopies or drafts, the presence or absence of the original among the decedent’s papers, and other circumstantial evidence. The Indiana courts and local probate rules control how a lost will case proceeds. For general statutory context see the Indiana Probate Code (Title 29): https://iga.in.gov/legislative/laws/2023/ic/titles/029. For practical probate procedures and forms, see the Indiana Judicial Branch probate information: https://www.in.gov/judiciary/probate/.

Typical procedural steps to prove a lost will in Indiana

1. Locate and preserve any copies of the will (photocopies, scans, email attachments, drafts).
2. Gather witness names and contact information, especially the subscribing witnesses who saw the testator sign the will.
3. File a petition in the appropriate probate court seeking admission of the will to probate and describing why the original cannot be produced.
4. Prepare affidavits or witness testimony that the testator validly executed the will and did not revoke it.
5. The court may hold a hearing and decide whether to admit the copy or secondary evidence based on the proof presented.

Possible outcomes

• The court admits a copy or other secondary evidence and probate proceeds according to the will’s terms.
• The court finds the proponent failed to prove the will’s authenticity or nonrevocation; the will is not admitted and intestacy rules or an earlier valid will governs distribution.
• The court determines the testator revoked the will by intent and act; the lost will is invalid as revoked.

Hypothetical example

Jane had a signed will. After she died, her family could not find the original will but found a notarized photocopy and two friends who witnessed Jane sign it. Jane had not torn up or otherwise expressed intent to revoke the will before death. The family petitions the probate court, presents the photocopy and witness testimony, and asks the court to admit the will. If the court finds the evidence convincing, it may admit the copy and the estate will be administered according to that will. If evidence shows Jane intentionally destroyed the will to revoke it, the copy would likely be rejected.

Helpful hints — Practical steps if you suspect a will is lost or destroyed

• Search thoroughly: check personal papers, safe-deposit boxes (you may need a court order or access details), attorney or accountant files, and digital storage.
• Preserve any copies, drafts, emails, or digital files immediately. Make backups.
• Identify and contact all possible witnesses who saw the testator sign the will. Their testimony may be critical.
• Collect evidence about the testator’s intent—statements to friends/family, changes in living circumstances, or contemporaneous documents.
• Do not destroy or alter any documents that could be relevant; keep an evidence chain (who handled a document and when).
• File a probate petition promptly in the county where the decedent lived. Probate has deadlines and practical consequences for estate administration.
• Talk with a probate attorney early. Lost-will cases can turn on fine points of evidence and court procedure; an attorney familiar with Indiana probate practice can guide your petition and hearing preparation.