Detailed Answer — what you can do under Alaska law

When someone refuses to give you an original will, you can still start probate in Alaska and take legal steps to get the will filed and to protect the estate. Below is a clear, practical roadmap you can follow. This is general information and not legal advice.

1) Confirm basics before filing

• Find out whether the will is the decedent’s last known will and whether anyone else has a copy or knows where the original might be stored (bank safe deposit, attorney, or with the decedent’s records).
• Collect names and contact details for potential heirs, beneficiaries, and witnesses who signed the will. That list is required for probate filings and service of process.

2) Talk to the probate clerk — start the process

Contact the probate clerk in the Alaska Superior Court for the district where your father lived. Court clerks can explain local filing requirements, forms, and fees. Many probate steps begin by filing a petition to probate the will and to appoint a personal representative. The Alaska court website lists probate forms and instructions: Alaska Court System probate forms.

3) File a petition to open probate using what you have

If you have a copy of the will or reliable evidence of its contents, you can file a probate petition asking the court to admit the will and appoint a personal representative. When the original is withheld, courts typically allow one of two paths:

• Petition to admit a copy of the will and offer proof explaining why the original is unavailable (for example, that a person refuses to surrender it).
• Petition for appointment of a personal representative (administrator) so someone can manage and protect estate property while the dispute over the will is resolved.

4) Ask the court to compel production or to admit a copy

When someone refuses to hand over the original will, you can ask the court for specific relief:

• Motion to compel production: File a motion asking the court to order the person holding the will to produce it to the court. The court can order production and may hold the holder in contempt if they willfully disobey the order.
• Probate of a copy (proof of the will): If the original cannot be produced, you can present a copy with affidavits or witness testimony proving the will’s validity and contents. Courts allow admission of a copy if you can show a satisfactory explanation for the original’s absence and adequate proof of the will’s execution and terms.

5) Use discovery tools and court orders

During the probate process, you may use standard litigation tools to get the evidence you need:

• Serve a subpoena on the person holding the will to produce it in court.
• Request documents or sworn statements through discovery (interrogatories, requests for production, depositions).
• Seek an emergency appointment or temporary representative if estate assets are at risk (to secure bank accounts, real property, or prevent transfers).

6) Possible consequences and parallel claims

If someone intentionally withholds or destroys a will, the court may impose sanctions. Under many probate rules, willful withholding or destruction can lead to civil penalties and could support a claim of conversion or other remedies. The court may also draw an adverse inference against a holder who refuses to produce a will.

7) Timelines, notice, and service

Alaska requires notice to interested persons when you petition to probate an estate. The court sets deadlines for objections. Make sure you properly serve your step-sister and other interested parties with the petition and any motions. Missing proper service steps can delay the process.

8) Statutory and court resources

Alaska’s probate laws and procedures are found in Alaska statutes and the Alaska Court System. For statutes and more detailed legal text, see the Alaska legislative statutes page for Title 13 (probate and fiduciary matters): Alaska Statutes — Title 13. For probate forms and local filing guidance, see the Alaska Court System probate forms: courts.alaska.gov/forms.

9) When to get a lawyer

If the holder refuses to cooperate, if assets are at risk, or if family members oppose your petition, consult a probate attorney. A lawyer can draft motions, appear in court, subpoena the will, and seek sanctions or a temporary appointment. If cost is a concern, ask about limited-scope representation or a brief consultation to confirm next steps.

Quick summary of actionable steps

1. Locate copies or witnesses who can attest to the will.
2. Contact the probate clerk to learn local procedures.
3. File a petition to probate (attach a copy if you have one) and ask the court to appoint a personal representative.
4. File motions to compel production or to admit a copy; subpoena the holder if needed.
5. Seek temporary relief if estate property is in danger.
6. If the holder disobeys orders, ask the court for contempt or other sanctions.

Important: This article explains general options available under Alaska probate procedures and points you to official resources, but it does not replace advice from a licensed attorney about your specific situation.

Helpful Hints

• Keep a written record of all requests you make for the original will (dates, times, copies of letters/emails). This helps the court evaluate good faith efforts to obtain the will.
• Send a formal demand letter by certified mail to the person holding the will. A clear demand creates a paper trail and shows the court you tried to resolve the issue privately.
• Gather contemporaneous witness information: who attended signing, where it was signed, and who has copies.
• Check with banks, law offices, or the decedent’s safe deposit box early—original wills are often kept there.
• Ask the probate clerk for local form packets; properly completed forms reduce delays.
• If estate assets are at risk (bank accounts being emptied, property transfers), seek emergency/temporary relief immediately.
• Consider mediation if family conflict is high but assets aren’t endangered—mediation can be faster and less costly than litigation.
• Be mindful of probate time limits and notice requirements; failing to properly notify interested parties can hurt your case.
• If you hire an attorney, bring all documentation (copy of will, communications, witness contacts) to the first meeting to speed action.

Disclaimer: This information is educational only and does not constitute legal advice. Laws change and every case is different. For legal advice about your specific circumstances, contact a licensed Alaska attorney.