Detailed answer — how Florida probate handles an original will that a family member refuses to deliver

Short answer: start by asking for the original in writing and preserving evidence, then open a probate case in the county where your father lived. If the step‑sister still refuses to produce the original, the probate court has tools to require production (subpoena/citation, contempt) and to decide whether a copy of the will can be admitted to probate when the original is unavailable. Florida probate law governs the process; see Chapters 732 and 733 of the Florida Statutes for the rules on wills and probate administration (https://www.flsenate.gov/Laws/Statutes/Chapter/732 and https://www.flsenate.gov/Laws/Statutes/Chapter/733).

Step‑by‑step actions you can take

1. Preserve evidence and copies. Keep any copy of the will, photos, emails, text messages, or notes that show the will’s contents, where it was kept, or communications with your step‑sister about the will.
2. Make a written demand for the original. Send a dated, signed certified letter (return receipt requested) to the step‑sister asking her to deliver the original will to you or to the probate clerk. Keep a copy of the letter and the receipt. A clear written demand helps the court later if she refuses.
3. Contact the clerk of probate in the county where your father lived. The clerk’s office can tell you what forms to file and which court hears probate petitions. If you need to start probate, the clerk will explain requirements for filing a petition, filing fees, and local procedures. The Florida Courts probate information page is a helpful starting point: https://www.flcourts.org/Resources-Services/Family-and-Civil/Probate.
4. File a petition to open probate and to admit the will. When you file, attach any copy of the will you have and explain that the original is being withheld by the step‑sister. The petition starts court supervision and gives the judge authority to act.
5. Ask the court to order production of the original. After the probate petition is filed, you can ask the judge to issue a subpoena or citation to require the step‑sister to produce the original will. If the step‑sister disobeys a court order, the court can hold her in contempt, which may include fines or jail for a willful refusal to comply.
6. If the original remains missing, ask the court to admit a copy. Florida courts may admit a copy of a will if the original cannot be produced but the proponent proves the will’s execution and that it was not revoked. Evidence can include witness testimony, a self‑proving affidavit, emails discussing the will, photocopies signed by witnesses, or other reliable proof of the document’s contents and authenticity.
7. Be ready to rebut claims of revocation or fraud. If the step‑sister claims the will was destroyed or revoked, the court will weigh competing evidence. Courts examine the totality of the evidence to decide if the copy accurately reflects the decedent’s last testamentary intent.
8. Consider hiring a Florida probate attorney. Probate practice can be document‑intensive and procedurally strict. An attorney can draft petitions, push for subpoenas, prepare witness affidavits, and represent you at hearings.

What the court will consider

The judge will focus on three issues:

• Was the will properly executed (signed and witnessed under Florida law)?
• Was the will revoked before death?
• If the original is missing, does the available evidence reliably show the will’s contents and that the decedent did not revoke it?

Florida’s probate statutes govern wills and admission to probate. See Chapters 732 and 733 for the substantive and procedural rules about wills, execution, and estate administration: https://www.flsenate.gov/Laws/Statutes/Chapter/732 and https://www.flsenate.gov/Laws/Statutes/Chapter/733.

Possible outcomes

• The court orders production of the original, the step‑sister produces it, and the will is admitted to probate.
• The court admits a copy of the will to probate based on witness testimony and documentary evidence showing valid execution and no revocation.
• The court finds the proponent failed to prove the will’s validity or the will was revoked, and the estate proceeds under intestacy rules.
• The court finds the step‑sister in contempt if she refuses a lawful production order. That remedy depends on the judge’s discretion and facts of the case.

When you may need a lawyer

Consult an attorney if:

• The family member refuses to cooperate after written demand.
• You need to file probate and are unsure which procedure (formal administration, summary administration) applies.
• You anticipate disputes about whether the will was revoked, forged, or improperly executed.

For general information about Florida probate courts and forms, check your county clerk’s probate page and the Florida Courts site: https://www.flcourts.org/Resources-Services/Family-and-Civil/Probate.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general steps under Florida law and is for informational purposes only. For guidance specific to your situation, contact a licensed Florida probate attorney.

Helpful Hints

• Send demands by certified mail and keep receipts and copies.
• Gather any witnesses who saw your father sign the will or who were told about its contents.
• Keep a clear timeline of where the will was stored and who had access.
• Photocopies and emails can be valuable. Bring them to the probate clerk and your attorney.
• Ask the probate clerk which local forms and filing fees apply before you prepare petitions.
• If you cannot afford an attorney, ask the clerk about legal aid programs or local pro bono services that handle probate matters.
• Act quickly. Delays can complicate evidence collection and increase the chance of disputes.