Quick answer

If your step-sister is refusing to give you your father’s original will, you can still ask the Register of Wills or a Delaware court to admit the will or a copy, compel production of the original, or seek other remedies. Delaware’s probate rules (Title 12, Estates and Trusts) provide processes for admitting wills and resolving disputes. Practical steps include: search for other originals or copies, request production in writing, file a petition for probate with the Register of Wills, and — if necessary — ask the court to order production or to admit a copy with supporting proof.

Detailed answer — how the process works in Delaware

This section explains the common legal routes you can take in Delaware when a person withholds a decedent’s original will. This is a general explanation of the procedures; follow-up with the Register of Wills or an attorney for case-specific guidance.

1. Understand who handles wills in Delaware

Probate matters in Delaware are governed by Title 12 of the Delaware Code (Estates and Trusts). The state’s Register of Wills offices receive petitions to probate wills and appoint personal representatives. See Delaware Code, Title 12: https://delcode.delaware.gov/title12/ and practical filing information at the Delaware Courts Register of Wills page: https://courts.delaware.gov/register-of-wills/.

2. Look for other originals and evidence

Before filing, check likely places: the decedent’s attorney, safe deposit boxes, home files, email, cloud storage, bank or financial advisors, or the person who drafted the will. Ask whether attesting witnesses (people who signed with your father) or the draftsman have copies or remember details. Copies, drafts, witness affidavits, or the attorney’s file can be crucial if the original cannot be produced.

3. Ask for the original in writing

Send a written request (certified mail or email with delivery/read receipt) asking for the original will’s immediate production. Keep a copy of your request and any reply. A documented, polite demand can be helpful evidence to the court showing you sought cooperation before filing.

4. File a petition to probate the will

File a petition with the appropriate Register of Wills to probate the will or to open an estate. If you have the original, present it. If you do not have the original because someone is withholding it, you can still begin the probate process by telling the Register of Wills the original is being withheld and requesting further relief from the court. The Register of Wills or court will advise on required notices to interested persons.

5. Ask the court to compel production

If a person in possession of the original will refuses to produce it, you can ask the court for an order that compels production. Courts have authority to order a person to turn over property in their possession when that property is relevant to estate administration. If the person continues to refuse, the court may use remedies such as contempt sanctions. You typically must file a petition or motion and provide notice to interested parties; the Register of Wills or probate clerk can direct you to the correct filing procedure.

6. If the original is unavailable, petition to admit a copy

When the original cannot be produced, Delaware courts may admit a copy of the will if the petitioner proves the original existed, was validly executed, and has not been revoked. Proof commonly used includes:

• Attesting witness affidavits confirming the will’s execution;
• Affidavits from the attorney who prepared the will or from someone who saw the original;
• Copies of the will found in the deceased’s files, or consistent drafts;
• Evidence that the person withholding the original had access to it and is refusing production.

The court will weigh the evidence and may admit the copy if satisfied the original existed and was not revoked.

7. Consider civil claims if the original is deliberately withheld

If someone refuses to surrender an original will that belongs to the estate, you may have a civil claim (for example, replevin or conversion) to recover the document. In some situations, persistent refusal after a court order can lead to contempt proceedings. The proper remedy depends on the facts; a probate attorney can advise which claim fits your case.

8. Practical timeline and costs

Procedures vary by county and complexity. Initial petitions and informal filings with the Register of Wills can be relatively quick, but contested matters (motions to compel, evidentiary hearings, civil claims) can take months and involve court fees and lawyer costs. Keep expectations realistic: contested probate disputes can be time-consuming and sometimes prompt settlement once parties see the likely court outcome.

9. When to get a lawyer

If your step-sister refuses to cooperate, or if the estate is significant or contested, consult a Delaware probate attorney. An attorney can prepare the petition, gather admissible proof, request court orders, and pursue civil remedies if necessary. If cost is a concern, the Register of Wills staff can explain basic filing steps and forms, but they cannot give legal advice.

Helpful statute resource: Delaware Code, Title 12 — Estates and Trusts: https://delcode.delaware.gov/title12/. For practical filing and office contacts, see the Register of Wills: https://courts.delaware.gov/register-of-wills/.

Helpful hints

• Search the decedent’s attorney first — many wills are kept by the drafting lawyer.
• Look for safe-deposit box records, and check bank records for box access after death.
• Get written requests to the person who has the original; keep copies and delivery receipts.
• Collect supporting evidence: signed copies, drafts, witness names and affidavits, emails discussing the will.
• File early with the Register of Wills to start the probate timeline and notify interested parties.
• If someone refuses production, ask the court to compel production — a court order carries enforcement power.
• Consider a civil action (replevin/conversion) if the document is withheld after requests and court orders.
• Keep detailed records of communications, dates, and deliveries — the court will want a clear timeline.
• If cost is a concern, ask the Register of Wills for filing fee information and whether any local legal aid resources can help.