Short answer. No. Where the claim is founded on a bond, bill, note or other instrument, the original need not be filed; a copy with all indorsements is attached instead. The original must be exhibited on demand of the executor or administrator, or by order of the court.
What the law says
If the claim be founded on a bond, bill, note or any other instrument, the original need not be filed, but a copy thereof with all indorsements shall be attached to the claim and filed therewith.
Rule 86, Section 9 — How to file a claim. Contents thereof; Notice to executor or administrator. Read the full provision →
What the law says
On demand, however, of the executor or administrator, or by order of the court or judge, the original shall be exhibited, unless it be lost or destroyed
Rule 86, Section 9 — How to file a claim. Contents thereof; Notice to executor or administrator. Read the full provision →
A copy is filed, not the original
The rule is explicit that where the claim is founded on a bond, bill, note or any other instrument, the original need not be filed. What is attached and filed with the claim is a copy — and specifically a copy with all indorsements. That qualification matters, because indorsements show the chain of holders and are often the very thing an administrator will want to examine before admitting the claim.
But you must be able to produce it
Not filing the original is not the same as not having it. On demand of the executor or administrator, or by order of the court or judge, the original shall be exhibited. So the instrument should be kept safe and available throughout the settlement. Exhibiting is not surrendering — the original is shown for examination, which is why the rule can sensibly require a copy on the record and the original on demand.
If the original is lost or destroyed
The rule provides for this rather than leaving the claimant stranded. Where the instrument has been lost or destroyed, the claimant must accompany the claim with an affidavit or affidavits containing a copy or particular description of the instrument and stating its loss or destruction. Both elements are required: the content of the instrument, and an account of what became of it. A bare statement that the document cannot be found does not satisfy the wording.
The affidavit the claim itself needs
Separately from the instrument, a claim that is due must be supported by an affidavit stating the amount justly due, that no payments have been made on it which are not credited, and that there are no offsets to it, to the knowledge of the affiant. Where the affidavit is made by someone other than the claimant, that person must set out why it is not made by the claimant. The claim is filed by delivering it with the necessary vouchers to the clerk of court and serving a copy on the executor or administrator.