Iowa: What to Do If an Original Will Is Lost or Damaged in the Mail | Iowa Estate Planning

Detailed Answer

This section explains what courts in Iowa typically do when the original signed will cannot be located or is damaged after being mailed to the clerk for probate. The information below summarizes how Iowa law treats lost or destroyed wills, what evidence the court will require, and typical next steps for someone handling the estate.

Basic rule under Iowa probate law

Iowa probate law requires the original signed will to be presented for probate. If the original cannot be found or is damaged, the court can still admit a will to probate, but the person seeking admission must prove the will’s validity and contents by evidence that satisfies the court. See Iowa’s probate statutes for the governing provisions (Iowa Code Chapter 633): Iowa Code, Chapter 633 (Probate).

Common scenarios and how courts handle them

Will lost in the mail: If the original will was mailed and later cannot be located, the estate representative or interested person should promptly confirm delivery attempts with the post office or courier and search the clerk’s office records. If the original cannot be produced, the person seeking probate normally must present secondary evidence—such as a complete copy of the will plus witness testimony—showing the will existed, was properly executed, and was not revoked by the testator.
Will damaged in transit: If the original is damaged but still available, the damaged document may be submitted to the court. If the damage makes the writing unreadable in parts, the proponent must show the original’s contents (for example, through readable copies, prior electronic copies, or testimony from witnesses familiar with the will’s terms) and overcome any presumption that the damage was an act of revocation.
Will destroyed (e.g., torn up) while in testator’s possession before death: When a will is physically destroyed while in the testator’s possession, many courts apply a presumption that the testator intended to revoke the will. That presumption may be rebutted by clear and convincing evidence that the testator did not intend to revoke the will (for example, if the destruction was accidental or ordered by someone else). The court will weigh evidence such as testimony about the testator’s statements, contemporaneous records, or other circumstances.

What the court will expect to see

To admit a lost or damaged will, Iowa courts will typically require strong evidence that shows:

The document was the testator’s validly executed last will and testament (execution formalities were met).
The will was not revoked by the testator before death.
The missing or damaged original represented the document offered for probate (when the original cannot be produced because it was lost or destroyed).

Evidence that can help the court reach these conclusions includes:

Testimony from the will’s witnesses (subscribing witnesses) that they saw the testator sign the will and that the signature and contents are genuine.
A complete copy of the will (typed, photocopy, or electronic file) and testimony or other evidence showing the copy accurately reflects the original.
Communications or records (emails, drafts, cloud-stored files) showing the testator’s intent and the will’s contents.
Affidavits from persons with direct knowledge of the will’s execution and disposition.
Postal or courier records showing the will was mailed and any tracking or delivery confirmations.

Possible outcomes

If the court is satisfied by the evidence, it can admit a copy or the damaged original to probate and direct administration according to its terms.
If the court finds the evidence insufficient, the will may be denied probate. The estate could then be distributed under the laws of intestacy (the statute-based distribution that applies when there is no valid will), unless another valid will is admitted.
If there is evidence the testator revoked the will (for example, credible evidence the testator deliberately destroyed the document), the court may refuse to admit the will as revoked.

Practical steps to take right away

Search thoroughly for the original: contact the clerk’s office, confirm with the post office or courier, and search the testator’s files and safe deposit boxes.
Preserve any copies (photocopies, scans, emails) and the mailing envelope or tracking info; these can be important evidence.
Identify and locate any subscribing witnesses and ask them to preserve their memories and any notes. Witness testimony often makes the difference in admitting a copy of a will.
Collect contemporaneous evidence of the will’s terms (drafts, cloud files, email exchanges, attorney file copies) and any evidence showing the testator’s intent not to revoke the will.
Contact a probate attorney experienced in Iowa estate matters as soon as possible. A lawyer can draft and file the proper petition and affidavits the court will need to consider admitting a non-original will.

Filing a petition in Iowa probate court

If the original will cannot be produced, the executor or an interested person should file a petition with the appropriate Iowa district court to admit the will (or a copy) to probate. The petition typically describes the efforts made to locate the original, the evidence supporting the will’s authenticity, and any facts relevant to revocation. The court will schedule a hearing if necessary and decide whether the evidence meets the required standard for admission.

When a postal or courier mistake is involved

If the will was lost or damaged because of a postal or courier error, preserve tracking and delivery records and ask the carrier for a written incident report. Those records are useful to show the original was mailed and to help establish chain-of-custody facts for the court. If the carrier’s negligence caused the loss, the estate may have a separate claim against the carrier, but that is distinct from the probate issue.

Timeline and costs

How long the process takes depends on whether witnesses are available, how clear the documentary evidence is, and whether other parties contest admission. Fees include court filing fees, costs to serve notice, and attorney fees. Complex disputes over a missing or destroyed will can take months and increase costs; straightforward cases where witnesses can confirm the will’s execution can be resolved much more quickly.

Helpful Hints

Act quickly: the sooner you gather evidence and contact witnesses, the stronger the record will be.
Keep all originals you find (including envelopes, damaged pages, and tracking slips) and make clear notes about where and when each item was found.
Obtain and keep copies of any digital drafts or emails that refer to the will’s terms; courts accept electronic evidence when properly authenticated.
If the will had a self-proving affidavit or the witnesses are available to testify, admission is typically easier—try to locate those witnesses and get their statements.
Don’t destroy or alter any documents related to the will; doing so can create or increase suspicions of tampering or revocation.
Expect the court to require more than a photocopy when the original is missing—evidence that ties the copy to a validly executed original is critical.
Consult a probate attorney early; they can prepare the petition, identify the best evidence to present, and represent you at any hearing.
If you suspect postal negligence, preserve all carrier records and consider a separate claim after probate issues are addressed.

Where to look for official guidance: Iowa’s probate statutes are collected in Chapter 633 of the Iowa Code: https://www.legis.iowa.gov/docs/code/633.pdf. For general probate court information, forms, and local court contacts, visit the Iowa Judicial Branch website at https://www.iowacourts.gov/.

Disclaimer: This article is educational only and not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Iowa attorney who practices probate law.