If I cannot locate my original Trust and Will documents but do have a copy, is there a way to “prove up” the copy or do I need to have originals done again?

Asked on February 10, 2016 under Estate Planning, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Very often when an old original can't be found, it's because the person made a later Will. Other times, the person decided that they didn't want the Will to take effect so just destroyed it. That having been said, if a Will is missing copy a copy may be produced, however each state has its own laws as to when a copy is acceptable if the original cannot be found. At this point, you should contact the appropriate probate court and see what will be required to "prove up" the copy. You can also consult directly with a probate attorney as to the details for doing this.

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