Detailed Answer — What to look for and how Indiana law treats originals

Short answer: An original will is the signed, physical document executed by the testator (and typically witnessed). To confirm whether a document is an original rather than a copy, inspect the paper and signatures, check for a self‑proving affidavit or notary certificate, verify who prepared and held the document, and follow the county probate court process if you need to admit the will. Under Indiana probate law (Title 29, Indiana Code), probate courts generally prefer the original will; if the original is missing, the court has procedures to consider a copy with appropriate proof.

1. Visual and physical checks

• Look for the testator’s original signature. Originals usually show ink variation, pressure marks or indentations where the pen met the paper. Photocopies have uniform gray toner and lack ink texture.
• Check witness signatures. Indiana wills generally are signed by witnesses (a typical valid formal will includes the testator’s signature and witness signatures). If witness signatures are present, confirm they appear to be original ink as well.
• Look for a notary jurat or a self‑proving affidavit. Many wills include a notarized affidavit signed by the witnesses (a “self‑proved” will). A notarized jurat or attached affidavit with a notary seal is strong evidence that you have an original or the original binder attached.
• Examine the paper and attachments. Originals may have multiple pages stapled, paper stock differences, or an original notary seal or raised embossing. Copies typically lack these tactile features.

2. Confirm chain of custody

Ask who handed you the document and where it was stored. Common original locations include a safe, attorney’s office, bank safe deposit box, or with the testator. If an attorney prepared the will, contact that attorney (or the law firm) to ask whether they retain the original. Attorneys often keep originals or certified copies.

3. Contact witnesses or the attorney who prepared the will

Witnesses can often confirm whether they signed the original in ink on the date stated. If the drafting attorney still practices, they can confirm whether they retained the original and may have created a “self‑proved” affidavit at execution. Keep in mind attorneys must protect client confidentiality, but after the client’s death they commonly help with probate and locating original documents.

4. Filing with the probate court

Under Indiana law, when someone dies the original will should be filed in the local probate court in the county where the decedent lived so the court can admit it to probate. Courts prefer the original will when admitting it to probate. If you have only a copy, you can still contact the probate court clerk to ask about next steps.

5. What if the original is missing?

If the original will cannot be located, Indiana probate courts permit admission of a copy if there is sufficient proof of the will’s due execution and the reason the original is not produced. In that situation you will likely need testimony or affidavits from witnesses or other evidence showing the copy accurately reflects the original. The probate clerk or an attorney can advise the specific proof required for your county.

6. Preserve the document and avoid altering it

If you suspect you hold the original, do not sign, staple additional pages, highlight, or otherwise alter the document. Preserve it in a clean, dry place and limit handling. The court and forensic examiners may need to inspect it, and alterations can undermine its validity.

7. When to consult a probate attorney

Contact a probate attorney if: (a) you cannot locate an original and need to probate a copy; (b) the authenticity of a will is disputed; (c) someone claims the original was destroyed or revoked; or (d) you need help collecting affidavits from witnesses. A lawyer can file the proper petition, prepare witness affidavits, and guide you through evidentiary requirements under Indiana law.

Relevant Indiana law

Indiana’s probate statutes on wills are found in the Indiana Code, Title 29 (Probate). These provisions describe how wills are executed, how self‑proved wills work, and the procedure for admitting wills to probate. For the statute text and details, see the Indiana Code, Title 29 (Probate): https://iga.in.gov/legislative/laws/2024/ic/titles/29. For local procedures, contact the clerk of the circuit or superior court in the county where the decedent resided.

Disclaimer: This information is educational and not legal advice. Laws change and every situation is unique. Consult a licensed Indiana probate attorney before taking legal action.

Helpful Hints — Quick checklist to confirm an original will in Indiana

• Check signatures visually for original ink and pressure marks — originals usually show ink variability; copies look flat.
• Look for a self‑proving affidavit and a notary seal; those often accompany an original will.
• Ask the person who gave you the document where they found it and whether they have knowledge of the original location.
• Contact the attorney who prepared the will — law firms often keep originals or can confirm execution details.
• Contact the witnesses named on the will to confirm they signed the actual original document.
• Do not alter or add pages; keep the document secure and make a single photocopy for your records if necessary.
• If the original is lost, gather witness affidavits or other evidence showing the will’s execution and the reason the original cannot be produced; a probate attorney can help file the necessary petition.
• Call the probate court clerk in the county where the decedent lived for filing guidance and local forms.