Detailed Answer

Short summary: If someone who has your parent’s original signed will refuses to give it to you, California law still gives you ways to open the estate and have the decedent’s intent honored. Typical options include (1) asking the person to deliver the original in writing, (2) using the court’s power to compel production or subpoena the document, (3) filing a probate petition to admit a lost or unproduced will with supporting evidence, or (4) pursuing civil remedies (turnover, conversion, or contempt). Act promptly, gather evidence, and consider hiring a probate attorney.

How California handles an original will that is not produced

California Probate Code contains the rules for admitting wills to probate and for dealing with wills that cannot be produced. The courts can admit a will even if the original cannot be presented if you can show the will’s contents and explain why the original is not produced. See the California Probate Code and the California Courts’ probate self-help resources for more on procedures and forms: California Probate Code (official) and California Courts — Probate self-help.

Practical legal paths you can take

Send a written demand for the original. Start with a clear, dated, written request (sent by certified mail with return receipt if possible) asking the person to deliver the will to the county superior court clerk or to you. A paper trail helps later court proceedings.
Try negotiation and mediation. If the person is withholding the will for emotional or family-reconciliation reasons, a neutral mediator or family meeting may resolve the issue faster and less expensively than litigation.
File a petition in probate court. You can open probate even without immediate possession of the original. If you have a copy of the will and supporting testimony, you may petition the court to admit a lost or unproduced will to probate. The court will require proof of the will’s contents and credible explanation for why the original is not available. The clerk’s office and the Judicial Council probate forms (such as the Petition for Probate) explain filing requirements; the Judicial Council’s probate petition form (DE-111) is commonly used: Form DE-111, Petition for Probate.
Compel production by subpoena or motion. If the person refuses to hand over the original, the court can order them to produce it through discovery (subpoena duces tecum) or by court order once a probate action is filed. Refusal to obey a court order can lead to sanctions or contempt.
Pursue civil remedies if appropriate. If someone intentionally keeps or destroys an original will, you may have claims such as conversion or civil theft. In some cases, criminal statutes could apply (talk with an attorney or the district attorney about facts suggesting deliberate concealment or destruction).

What the court will want to see if the original is missing

To admit a copy or to establish the will’s terms without the original, you should assemble as much corroborating evidence as possible. Useful items include:

A copy of the will (a photocopy or scanned file).
Affidavits from the attesting witnesses who saw the testator sign the will.
Affidavits from people who can confirm the will’s contents or that the decedent acknowledged the will.
Communications or drafts showing the decedent’s intent (emails, letters, notes).
Evidence explaining why the original is not produced (for example, a clear statement that the possessor refuses to give it up).

California courts weigh this evidence to decide whether the copy accurately reflects the decedent’s will and whether the lack of the original is satisfactorily explained.

Sample step-by-step plan (hypothetical facts)

Suppose your father died, and you learned a step-sibling has the original will and will not hand it over. A typical plan would be:

Send a written demand asking for delivery to the probate court clerk within a set short deadline (e.g., 10–14 days), keeping proof of delivery.
If no cooperation, gather everything: a copy of the will, names and contact info for witnesses, dated notes/emails from the decedent about the will, and any communications from the sibling refusing to produce the document.
File a Petition for Probate (DE-111) in the superior court where the decedent lived. Attach your evidence and ask the court either to compel production or to admit the copy as a lost/unproduced will.
Use discovery tools or subpoena to force the person to produce the original after the probate case is filed. If they still refuse, ask the court for sanctions or compliance orders (and consider a civil claim for conversion if facts support it).
If immediate action is needed to protect assets (e.g., bank accounts are at risk), ask the court for temporary orders or appointment of a temporary personal representative to preserve estate assets while the dispute is resolved.

Where to find the forms and statute text

Probate statutes and text of the Probate Code: California Probate Code (official).
Probate self-help and procedures: California Courts — Probate self-help.
Judicial Council probate forms (including Petition for Probate, DE-111): California Judicial Council Forms — Probate and DE-111 (Petition for Probate).

Helpful Hints

Do not attempt to forcibly take the document yourself. Avoid threats or physical retrieval — these actions can create legal trouble for you and undermine your case.
Document everything. Keep copies of letters, emails, text messages, and notes of phone calls. Dates and receipts matter.
Get witness affidavits as soon as you can. Memories fade; signed affidavits from attesting witnesses can be decisive.
Keep a copy of any existing will, but do not alter it. A clear, unaltered copy plus witness testimony is helpful if the original cannot be produced.
Consider an attorney early if the other person is uncooperative. Probate adversary matters can become complicated quickly (motions, subpoenas, and contested hearings).
If assets are at risk (bank accounts, real property sales), ask the court for immediate protective orders or appointment of a temporary personal representative.
Time matters. While some deadlines for actions (like will contests) depend on specific notices and letters, you should begin the probate process as soon as feasible to protect rights and property.
Expect delays and potential costs. Contested probate can take months and incur court and attorney fees. Discuss costs and likely timeline with counsel before filing contested proceedings.

Disclaimer: This article explains general California probate concepts and common options when an original will is withheld. It does not constitute legal advice and does not establish an attorney-client relationship. For advice tailored to your situation, consult a licensed California probate attorney.