If after being appointed executrix by the probate court I lost original Will but I have a copy, what do I do?

UPDATED: Sep 1, 2011

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If after being appointed executrix by the probate court I lost original Will but I have a copy, what do I do?

I have an offer on my mother’s house and will be closing soon. Is a copy of the Will sufficient to complete my duties as executrix? All parties to the Will saw and read the original.  Small estate of 220k in assets.

Asked on September 1, 2011 Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  I have to say that I am a bit confused here and let me explain why.  Generally speaking, the original Last Will and Testament is submitted to the Court with the Original Petition requesting that you be appointed as the Executrix of the estate.  Why you would have the original copy AFTER being appointed is really an issue here.  If before the petition and Will are filed you lose the original but have a copy then there is generally mechanism for proving a copy as the original.  Please seek some legal help here.  If you have already been appointed then you have the legal right to enter in to a contract on behalf of the estate.  But I am very concerned about the appointment as well. Good luck.

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