Short answer: Start by asking the person holding the will to turn it over and document that request. If that fails, file a petition to probate the will in the Superior Court in the county where your father lived and ask the court to compel production of the original (or—if the original cannot be produced—seek admission of a copy under Arizona probate law). The court can issue subpoenas and orders to force production and can accept secondary evidence if the original is truly lost or withheld.

Detailed answer — how the process works under Arizona law

Arizona handles wills and probate under the Arizona Revised Statutes, Title 14 (Trusts, Estates and Protected Individuals). The Superior Court in the county where the decedent lived has probate jurisdiction. You can find the Title 14 statutes here: Arizona Revised Statutes, Title 14. Practical steps are below.

1) Try an immediate, documented request

• Call or visit the person who has the original will (your step-sister). Ask for the original calmly and explain you need it to start probate. Keep records: date, time, what was said.
• Follow up with a written demand (certified mail with return receipt and/or email) so you have proof of request.
• If the will is in a safe deposit box, bank, attorney’s office, or with a custodian, the institution or custodian may cooperate if presented with proper documentation or a subpoena.

2) File a petition to probate the will with the Superior Court

If the holder refuses or won’t respond, you (or another interested person) should file a petition to admit the will to probate in the county Superior Court where your father resided. Arizona courts have self-help probate information here: Arizona Courts — Probate Self-Help.

When you file, attach a copy of the will if you have one. The petition starts the probate process and notifies heirs and interested parties that probate has begun.

3) Ask the court to compel production of the original will (subpoena or order)

Once the petition is filed, you can ask the court to issue a subpoena or an order requiring the person who has custody of the will to produce the document at a hearing. If the person (custodian) still refuses after a court order, the court can hold that person in contempt.

Typical requests to the court include:

• Issuance of a subpoena duces tecum ordering production of the original will.
• A hearing to determine the custodian’s reasons for withholding and whether sanctions or contempt are appropriate.

4) If the original cannot be produced: lost or wrongfully withheld will — how Arizona treats copies

If the original is not produced because it was lost, destroyed, or intentionally withheld and not turned over, Arizona courts can still consider a copy, but you must meet a higher proof standard. You will generally need to show clear and convincing evidence of the will’s existence, contents, and that it was properly executed and not revoked.

Evidence that helps:

• An authenticated photocopy of the will.
• Testimony or affidavit from witnesses who saw the original and can describe its contents and signatures.
• Evidence showing the decedent’s testamentary intent (letters, emails, draft wills, or prior probate filings).
• Evidence that the custodian refused to produce the original despite demand and court orders.

5) Remedies and outcomes

• If the custodian produces the original: the court can admit it to probate if it meets legal formalities.
• If the custodian refuses and the court finds they should produce it: the court can compel production and may punish refusal with contempt or other sanctions.
• If the original cannot be produced but you prove the copy’s authenticity and execution by clear and convincing evidence: the court may admit the copy to probate.
• If evidence is insufficient: the court may deny admission, and intestacy rules will determine distribution.

6) Practical timeline and costs

Timelines vary. Simple probate with cooperation can take a few months. Contested matters, motions to compel production, or lost-will hearings can add weeks to months and increase court costs and attorney fees. Expect filing fees, possible service costs, subpoena costs, and attorney fees if you retain counsel.

7) When to hire an attorney

Consider hiring a probate attorney if:

• Your step-sister refuses to cooperate or threatens litigation.
• The will’s absence may cause disputes among heirs or creditors.
• You need help preparing petitions, subpoenas, witness affidavits, or presenting clear-and-convincing evidence of a lost will.

Other legal resources

Arizona Revised Statutes Title 14 is the primary state law resource for wills and probate: https://www.azleg.gov/arsDetail/?title=14. For court forms and county-specific procedures, check the Superior Court website for the county where your father lived or the Arizona Courts self-help pages: https://www.azcourts.gov/selfhelp/Probate.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general options under Arizona law. For advice about your specific situation, consult a licensed Arizona probate attorney.

Helpful Hints

• Keep all communications written when possible. Save emails, texts, certified-mail receipts, and notes of phone calls.
• Gather everything that shows the will’s existence: photocopies, drafts, emails, witness names, or notes your father made about his estate plans.
• Locate any attorneys, banks, or safe deposit boxes that might have the original and ask them directly for help or records.
• File a probate petition promptly. Starting the court process gives you legal tools (subpoenas, orders) that informal requests do not.
• If you expect a fight, talk to an Arizona probate attorney early—many offer initial consultations and can explain likely costs and outcomes.
• Be prepared to show proof of your relationship to the decedent and proof of death (death certificate) when you file.
• If you suspect destruction or fraud, tell your lawyer. The court may order an evidentiary hearing or consider sanctions for bad-faith behavior.