Will a copy of a will work for opening probate?

[Heir7]

What is the name of your state (only U.S. law)? Arizona

We still have the original wills, but we have been scanning all of our documents into our computer and then uploading them to the cloud for safe storage.

We were wondering, what if we had a fire, and the wills were burned, or what if the original wills were lost somehow, could we then just download them from the cloud, print out a copy of them, and use the copy to open probate?

One other thing, both wills were witnessed by two people and all the signatures were notarized. Does that help make a copy more useful in terms of opening probate, when that day comes?

 

[anteater]

It would be best if you keep the original in a safe place - including safe from fire.

It could be possible to have a copy admitted for probate, but it is more difficult. Here is the AZ statute on the subject:

14-3415. Lost and missing wills; wills probated in other jurisdictions
A. If an original will that was last seen in the possession of the testator cannot be found after the testator's death, the testator is presumed to have destroyed the will with the intention of revoking it. This presumption may be rebutted by a preponderance of the evidence. If this presumption arises and is not rebutted the will is revoked.

B. If a will is found to be valid and unrevoked and the original will is not available, its contents can be proved by a copy of the will and the testimony of at least one credible witness that the copy is a true copy of the original. It is not necessary for this person to be an attesting witness to the will.

C. If a will is found to be valid and unrevoked and a copy of the will is not available, its contents can be proved only by clear and convincing evidence. For this purpose it is not necessary for a witness to be an attesting witness to the will. On a finding of clear and convincing evidence of the contents of such a will, the court, by order, shall set forth the contents of the will in reasonable detail.

D. If a certified copy of the will, as probated in another jurisdiction, is not available, the contents of the will can be proved by a copy of the will and the testimony of at least one credible witness that the copy is a true copy of the original, as probated in the other jurisdiction. It is not necessary for this person to be an attesting witness to the will.

One other thing, both wills were witnessed by two people and all the signatures were notarized. Does that help make a copy more useful in terms of opening probate, when that day comes?

See the statute above.