In Mississippi, it is still possible to probate a copy of a will. As we previously discussed on this blog, a will requires two witnesses and their statement that the testator was of sound mind.
A copy of a will may be probated if the copy is authentic and can be verified. Typically, the witnesses to the will are the best judge of the authenticity of the Will. However, if they are not available, a person who is familiar with the handwriting of the deceased and is not an interested party (meaning that person stands to inherit from the will or is an heir at law). Typically, that person may testify as to the authenticity of the will. A Chancellor would require testimony on the record and that all parties be notified before the will can be probated.
If you don’t find the original will all hope is not lost. Contact our office today if you have questions about probating a copy of a will.