No matter how digital the world has become, sometimes you need the paper.  Living in a digital world has led many people to shred or discard important paper documents on the assumption they don’t need it.  Many critical documents are also very old, maybe even decades old.  Documents are lost when people move, mistaking originals for copies, they are discarded due to ignorance of their importance, or even disasters such as fires or floods.  Therefore, if they get lost, you should know how to replace them. AARP’s recent article entitled, “You’ve Lost an Important Document. Now What?” breaks it down for you.

Passport. To avoid becoming a victim of identity theft, report a lost or stolen passport by calling 877-487-2778 or completing Form DS-64 online at travel.state.gov. You can also print the form at the website and mail it to the U.S. State Department. To get a replacement passport, you must submit a Form DS-11 in person at a passport office.

Birth certificate. Contact the vital records office in the state where you were born and order a replacement.

Marriage certificate. Contact the clerk of the county where the license was issued. This office will let you know the documents required, the cost and how the copy can be issued (online, by mail, or in person).  Many of these are online as well, so obtaining copies in sometimes very easy.

Social Security card. First, consider the need for a replacement because you rarely need the physical card. However, a replacement should be obtained if you’re starting a new job or live in a state where you need it to apply for a Real ID. To obtain a new Social Security card, you’ll need a birth certificate, driver’s license, state-issued identification card, or a passport. You should then complete an application on the Social Security website (ssa.gov) and mail or take your application and original documents to your Social Security office (the website has information on locations). The replacement card is free.

Estate Planning Documents Laws relating to estate planning are different in each state. However, generally, if your will was accidentally lost or destroyed and not revoked, it will still be valid and represent your wishes, although proving its contents might be challenging.  Some states allow probating a copy, but not all.  For those that do, you must have left behind clear evidence that you didn’t revoke it—proof that it was accidentally destroyed or lost or testimony from an impartial third party stating that you didn’t plan to change it. Your heirs will also need evidence that it’s a true copy, which may require witnesses, affidavits or similar proof.  It might be doable, but will undoubtedly be more difficult and expensive.

The originals of other estate planning documents aren’t as important as the will, but of course they are good to retain.  Powers of attorney sometimes need to be recorded in real property records or produced to financial institutions or government offices who want to see originals.  Medical providers often accept copies which they upload into your patient file.  Trusts typically can be copies as well.

I would note, however, that the need for originals in estate planning has changed over time.  When I started practicing, originals were much more important.  I remember the Pennsylvania Department of Transportation always wanted to see originals.  They didn’t even make a copy of it, they just wanted to confirm its existence.  At that time, less states allowed the probate of will copies.  So, keeping in mind that the demands of third parties change, retaining the originals is important so you have them in the future, even if not needed now.

If you don’t have the originals, the best strategy by far is to reexecute estate planning documents.  Sometimes this is a happy accident because original documents from years ago need to be updated anyway, and so new documents will be created.  An estate planning attorney can advise you on that.

As a final thought here, an even better approach is to avoid losing originals by properly storing them.  See this article for ideas on that front. https://galligan-law.com/how-do-i-store-estate-planning-documents/

Car Title. The replacement process for the title to your vehicle varies by state. Contact your Department of Motor Vehicles. You may be able to submit a form, or you have to submit a photo ID, vehicle registration, or registration renewal notice.

Reference: AARP (Feb. 14, 2023 ) “You’ve Lost an Important Document. Now What?”