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Senior Real Estate & Housing Specialists
One of the most common questions I get from families handling a loved one’s estate is: Can we use a photocopy of the Will if we don’t have the original? In Virginia, the answer is complicated. Generally, the court requires the original Will with a wet signature for probate. If only a photocopy exists, the court assumes the original was revoked, and it becomes the family’s burden to prove otherwise.
📹 Watch this quick video where we break down what happens if you only have a photocopy of a loved one’s Will. Learn the legal challenges, what the court requires, and the steps you can take to move forward. Don't let missing documents delay the probate process—get the facts now!
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Hi, I'm Sean Schroeder, your certified probate real estate specialist. A huge thank you to Hook Law for partnering with me on today's topic.
Let's dive into something that comes up often—what happens if you only have a photocopy of a will in Virginia?
In Virginia, probate courts require the original will with a wet signature. If that original will is missing, the court presumes it was intentionally revoked by the person who wrote it. This is crucial because a photocopy, no matter how clear, cannot be accepted as an original. These rules are in place to ensure that the deceased person's true intentions are honored and that the will hasn't been altered or tampered with.
Without the original document, the court can throw out the probate process entirely, assuming the will is no longer valid. If you find yourself with just a photocopy, it's essential to act fast. There may still be options, but it's important to get legal guidance from a probate attorney right away.
That's where Hook Law comes in, with expert advice and support. So if you're dealing with a lost original will, don't hesitate to reach out for help. Let's make sure your loved one's estate is handled properly.
In Virginia, the answer is complicated. Generally, the court requires the original Will with a wet signature for probate. If only a photocopy exists, the court assumes the original was revoked, and it becomes the family’s burden to prove otherwise.
According to Hook Law ( Blog post ), Virginia law does allow a photocopy to be admitted in rare cases, but the process is difficult. The person trying to use the photocopy must:
Without strong proof, the estate may have to follow intestacy laws, which distribute assets according to Virginia law—not necessarily as the deceased intended.
If you find yourself in this situation, don’t wait. Speak with a Virginia probate attorney to discuss your options. In some cases, alternative estate planning documents, such as trusts or beneficiary designations, might still protect the deceased’s wishes.
If you’re dealing with a missing Will or any other probate-related issues, feel free to reach out. I specialize in probate real estate and can help you navigate this challenging process.
As a Certified Seniors Professional (CSP), I specialize in helping seniors and their families navigate these important decisions. Whether you need guidance on housing options, financial considerations, or the transition process, I’m here to make the journey as smooth as possible.
📞 Let’s discuss your unique needs—contact me today!
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