Do I have to have the original will to probate or can I just use a copy?
It is always best to have the original will to probate. Unfortunately, sometimes all we have is a copy. Under Pennsylvania law, when attempting to probate a copy of a will, a legal presumption exists that the original will was intentionally destroyed or revoked. To overcome this presumption, one must prove that 1) an original will was actually executed, 2) the contents of the original are substantially the same as the copy, and 3) the testator had not revoked or destroyed the original prior to death. Someone trying to probate a copy of a will in Pennsylvania must provide at least two competent witnesses that will testify to both the execution and content requirements. This two-witness requirement is often a major hurdle when attempting to probate a copy of a will.