What Happens if a Will Is Lost or Destroyed in KY?

Detailed Answer

This answer explains how Kentucky courts typically handle a will that cannot be found or that appears to have been destroyed. It describes common legal principles you will encounter in probate, the kinds of proof a court may require, and practical next steps. This is general information only and not legal advice.

Two basic scenarios

Kentucky courts treat missing or destroyed wills differently depending on why the original is missing:

• Intentional physical destruction by the testator: If the person who made the will (the testator) intentionally tore up, burned, or otherwise destroyed the original with the intent to revoke it, courts treat that act as a revocation of the will.
• Loss, accidental destruction, or destruction by someone else: If the original will is lost, accidentally destroyed, or destroyed by another person without the testator’s intention to revoke it, a Kentucky probate court may still admit the will to probate if its contents and valid execution can be proved by strong evidence.

What the court will require to admit a lost or destroyed will

When the original will cannot be produced, a court will generally require proof of two things before admitting a copy or reconstructed will to probate:

1. That the will was validly executed (signed and witnessed in the manner required when it was made).
2. That the will was not revoked by the testator.

Because the original document is missing, Kentucky courts typically demand strong proof—often described as clear and convincing evidence—of the will’s content and of the facts above. The exact language and standard can vary, but expect the court to look for convincing proof rather than mere suspicion.

Types of evidence that help admit a lost or destroyed will

Useful evidence includes (but is not limited to):

• Testimony from the witnesses who signed the will describing the execution ceremony and confirming the will’s text or a copy.
• Signed or initialed copies, photocopies, or carbon copies of the will.
• Drafts, email or digital exchanges that show the will’s content or the testator’s intent.
• Affidavits from people who saw the original or who had reason to know its contents.
• Evidence proving the testator did not intend to revoke (for example, the will was in the testator’s safe after the testator’s death or the testator expressly denied revocation shortly before death).
• Evidence showing that a third party destroyed the document without the testator’s consent (which may support admitting the will rather than treating it as revoked).

Typical probate process when the original will is missing

If you are a personal representative nominee or an interested person, the usual steps are:

1. Search thoroughly for the original (home, safe-deposit boxes, attorney files, bank safety deposit, digital storage). Keep a written record of searches.
2. Collect and preserve all copies and any evidence about who saw the will and when.
3. File a petition with the county probate court to probate the will or to probate a copy or a reconstructed version, attaching affidavits and other evidence.
4. Give notice to heirs and interested persons so they can appear and contest, if they choose.
5. The court will evaluate the evidence and decide whether to admit the copy or reconstructed will to probate or to treat the estate as intestate (no valid will).

If the court finds there is no valid will

If the court concludes the lost/destroyed will was revoked or cannot be proved, the estate is handled under Kentucky’s intestacy rules. That means state law determines who inherits (typically spouse, children, parents, siblings, etc.). The exact shares depend on the family make-up. If you think you fall into one of these categories, an attorney can explain how intestate succession would work in your situation.

Special situations to watch for

• If the testator destroyed the will but later wrote another valid will, the later will controls (assuming it is found and valid).
• If someone else destroyed the original to frustrate the testator’s intent, the court may allow a copy if the evidence shows the testator did not intend revocation.
• Electronic wills and remote-signed documents have special rules; confirm whether any newer laws apply in Kentucky to electronic execution.

Helpful Hints

• Start by searching everywhere the deceased kept important papers—home, bank safety deposit box (obtain court order if necessary), attorney files, and digital accounts.
• Collect any copies, drafts, or related communications (emails, text messages) that show the will’s terms or execution.
• Locate and talk to the witnesses who signed the will as soon as possible; their memories and affidavits are often critical.
• Document all searches and who assisted—dates, places searched, and results—to show you made a reasonable effort to find the original.
• If you suspect malicious destruction, preserve evidence (don’t alter the scene) and consult an attorney immediately—there may be both probate and criminal implications.
• File a probate petition promptly. Waiting can complicate admission and may affect creditors and tax deadlines for the estate.
• Ask the court clerk what forms and notices are required in your county; probate procedures have local steps you must follow.
• If you are a potential heir who prefers a copy be admitted, cooperate in gathering proof. If you oppose admission, consult an attorney to learn the defenses to admission (for example, evidence of revocation).
• Keep expectations realistic: courts require persuasive proof when the original is missing; a photocopy alone may not be enough without corroborating testimony or other evidence.

How an attorney can help: A probate attorney can prepare the petition to probate a lost will, collect admissible evidence, draft witness affidavits, represent you at hearings, and advise on intestacy consequences if the will cannot be proved.