FAQ: How can I get my dad’s will filed in court when my step-sister refuses to submit the original?

Short answer: In Connecticut you can ask the probate court to compel production of the original will (by subpoena or contempt proceedings) or, if the original is truly withheld or lost, you can petition the probate court to admit a copy of the will based on secondary evidence. Start by preserving any copies and evidence of the will’s contents, make a formal written demand for the original, and file a petition in the local probate court if the holder refuses. This article explains the practical steps, the legal options under Connecticut probate law, and what evidence the court will want.

Disclaimer: This is general information only and not legal advice. Consult a Connecticut probate attorney for advice tailored to your situation.

1. Why the original matters

Courts prefer the original will because it bears signatures, witnesses’ attestation, and any self‑proving affidavit. The original helps the probate judge verify authenticity and prevent fraud. When the original cannot be produced, Connecticut probate courts may permit admission of a copy, but you must satisfy stricter proof rules.

2. First steps you should take right now

Preserve all copies of the will (paper, scanned, drafts, emails, attorney copies) and any related documents (self‑proving affidavits, death certificates).
Look for where the will might be: the decedent’s attorney, safe‑deposit box, home files, bank safe deposit, or a prior filing with probate (some people deposit wills with counsel or a probate court).
Document your communications with your step‑sister: dates, times, what she said. Send a written demand for return of the original and keep a copy. A demand letter from an attorney can be effective.
If an attorney prepared the will, contact that attorney—many keep a copy and can confirm the will’s existence and contents (and sometimes they have the original on file).

3. Legal routes in Connecticut

Connecticut probate law gives you several options if someone refuses to turn over an original will or the original cannot be found. The governing body for wills and probate matters is found in the Connecticut General Statutes, Title 45a (Probate Courts): Conn. Gen. Stat. Title 45a. For procedural questions and local forms, see the Connecticut Judicial Branch probate pages: Connecticut Probate Courts (Judicial Branch).

a) Ask the probate court to issue a subpoena or order to produce

You can file a petition with the probate court asking it to order the person who holds the will to produce it. The court can issue a subpoena duces tecum (an order to produce documents) or an order to appear. If the person disobeys a court order, the court may hold them in contempt and impose sanctions.

b) File a petition for admission of a lost or withheld will

If the original is not produced, you can ask the probate court to admit a copy into probate as a lost will. To succeed you must present convincing secondary evidence about the will’s contents and proof that the decedent executed the will. Secondary evidence often includes:

Copies of the will (paper, scanned)
Testimony from the attorney who drafted the will or from attesting witnesses
Proof the decedent had possession of the will and that the original is missing (including evidence that the holder refuses to return it)
Other corroborating documents (drafts, emails discussing the will, or a self‑proving affidavit copy)

The probate court will weigh credibility and the overall reliability of the proof before admitting a copy.

c) Consider civil remedies

If the holder stole or wrongfully withheld the will, a separate civil action (conversion or replevin) may be available to recover the document. An attorney can advise whether a civil case is appropriate alongside probate proceedings.

4. What evidence tends to convince Connecticut probate judges?

Testimony from the drafting attorney or attesting witnesses who saw the will signed.
A copy of the will that appears authentic and matches witness recollection.
Evidence that the decedent did not revoke the will (no later executed will or signed revocation).
Clear documentation that the original is in the possession of the person refusing to turn it over.

5. Practical timeline and process

Immediate: preserve copies, send written demand for the original, contact the drafting attorney.
Within days–weeks: file a petition in the local probate court to either (a) compel production, or (b) admit a copy if production fails.
Probate court schedules a hearing; the court may issue subpoenas or orders to produce documents and may hear testimony from witnesses and attorneys.
After hearing: the judge will decide whether to admit the will (original or copy) and may take steps to appoint an executor/administrator or impose sanctions for obstruction.

6. Where to file and who to contact

File the petition in the probate court that has jurisdiction where your father lived at his death. For court locations, procedures, and local forms, consult the Connecticut Judicial Branch probate pages: https://jud.ct.gov/probate/. For statutory rules and an overview of probate authority, see Conn. Gen. Stat. Title 45a (Probate Courts).

7. When to hire an attorney

Hire a Connecticut probate attorney if:

Your step‑sister refuses to cooperate after a formal demand.
The will’s authenticity is likely to be contested.
There is a risk of the will being destroyed, altered, or hidden.
You need help preparing petitions, subpoenas, or presenting witness testimony in court.

Helpful Hints

Keep an unbroken written record of every contact with the person holding the will (text, email, letters). Courts value contemporaneous records.
Ask the decedent’s attorney for any copies, drafts, or notes; attorneys often retain original or copies of wills they prepared.
Check for a safe‑deposit box. A bank may require a court order to open it; do not break in or take unilateral action.
Obtain witness statements early, while memories are fresh—attesting witnesses are especially persuasive.
If you suspect malicious withholding, request an immediate hearing and consider asking the court for temporary relief to prevent destruction of evidence.
Be prepared to pay filing fees and to provide the probate court with certified copies of the death certificate and other required documents.

Key resources

Connecticut General Assembly — Title 45a (Probate Courts): https://www.cga.ct.gov/current/title_45a.htm
Connecticut Judicial Branch — Probate Court information and forms: https://jud.ct.gov/probate/

If you want, tell me what you have already (copies, who drafted the will, whether the attesting witnesses are alive) and I can outline a sample petition checklist and the kinds of questions you should be ready to answer for the probate judge.