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.
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