Which will applies when there are multiple versions?

 Posted on March 14, 2026 in Estate And Probate Administration

Estate administration can be substantially less contentious in cases where there are wills to guide the process. Family members and those expecting to serve as personal representatives are often grateful for wills and other estate planning documents drafted by the deceased party. The situation can quickly become unexpectedly complicated if a search of a person's home or safety deposit box uncovers multiple different versions of a will.

What happens in a scenario wherein there are multiple signed wills that may not necessarily all contain the same terms?

The courts should receive all of the wills

Family members and personal representatives might jump to conclusions regarding which will is valid in a case involving multiple copies with different terms. Generally speaking, the most recent document recognized as valid by the courts is the one that governs the probate process.

However, every signed, authentic version of the will located in the early stages of estate administration should go to the probate courts for review. The personal representative must formally lodge each will with the courts.

The courts can then validate the documents and determine which one ultimately guides what happens with the estate. Particularly in cases where there are multiple versions of the documents that provide conflicting instructions, ensuring the courts have access to all of the potentially valid wills is important.

Personal representatives often need assistance during earliest stages of estate administration and beyond to better ensure that they fulfill their obligations. Working with a probate lawyer can help personal representatives avoid mistakes, such as the submission of only one will when there are multiple versions available.