Detailed Answer

When someone withholds the original will, Iowa probate law still gives you tools to get the will before the court and to protect the estate. Below is a step-by-step explanation of what usually happens and what you can do. This explains the common legal process in Iowa but is not a substitute for talking with a probate attorney about your particular situation.

1) Immediate practical steps

• Search for the original: contact the decedent’s last attorney, banks (safe deposit boxes), accountant, and any person who managed the decedent’s papers. Check the decedent’s home, files, or personal effects.
• Preserve evidence that the will exists and the original is being withheld: keep copies, emails, text messages, witness names, and any written communications where the holder admits having or refusing to produce the will.
• Do not escalate by forcibly taking papers or breaking into a safe deposit box. That can create criminal exposure and hurt your case in probate court.

2) Demand production and document the refusal

Have the person who claims to have the original sign and date a written demand asking for delivery of the original will to the probate court or to a neutral custodian. If they refuse, save that refusal (text, email, written letter). A written demand and refusal create a clear record for the court.

3) File with the probate court — petition to probate the will

You (or another interested person) should file a petition for probate in the Iowa county probate court where the decedent was domiciled. If you have the original, you normally file the original with the petition. If the original cannot be produced because someone is withholding it, you can still ask the court to:

1. Order the holder to produce the original will or show cause why they should not be sanctioned; and
2. Admit a copy of the will to probate if the original cannot be produced and you can prove its contents and due execution by other evidence.

Probate of a lost or unavailable will is a recognized procedure: the court can require the person who has the original to deliver it and can admit a copy if satisfied the will was valid and the original is lost or withheld through no fault of the proponent. See Iowa probate law on wills and probate procedures for the statutory framework: Iowa Code chapter 633 (Wills and Decedents’ Estates).

4) Court tools to compel production and punish refusal

• Show-cause order or subpoena: the court can subpoena the person who has the original to appear with the document. If the person ignores a subpoena or a court order, the court can hold them in contempt and impose fines or other sanctions.
• Contempt and civil remedies: the court can impose civil contempt sanctions to force production. The probate judge may also award costs, attorneys’ fees, or other relief related to the obstruction.
• Criminal or civil claims outside probate: in extreme cases where someone intentionally destroys, hides, or forges a will, criminal charges or civil claims (conversion, interference with an estate) may apply. Contact the county attorney or a lawyer for guidance on these options.

5) How the court will decide whether to admit a copy of the will

If the original will cannot be found and the holder refuses to produce it, a probate court will typically require convincing secondary evidence of the will’s existence and contents. That evidence may include:

• Testimony from the attesting witnesses that the will was properly executed and what it contained.
• Copies of the will (typed, scanned, or photocopied) and testimony explaining where the copy came from.
• Other contemporaneous documents or communications (emails, drafts, notes) that confirm the will’s terms and the decedent’s intent.

The court will admit a copy if it is satisfied the copy accurately states the terms of a validly executed will and that the original is unavailable despite reasonable efforts to produce it.

6) Emergency protection for estate assets

If assets are at risk while the dispute over the will continues, you can ask the court for temporary orders (for example, appointment of a temporary personal representative or an order freezing certain accounts) to preserve estate property until the probate issues are resolved.

7) Practical timeline and costs

Filing a petition starts an official court case. Expect at least a few weeks for initial filings and court scheduling, longer if parties contest. Court filing fees and service costs apply. If you need to subpoena a witness or pursue contempt, expect additional time and attorney fees if you hire counsel.

8) When to hire an Iowa probate attorney

Consider hiring an attorney if:

• The holder openly refuses to produce the original.
• There are multiple heirs or disputed beneficiaries.
• Significant assets are at stake or the holder appears to be hiding or destroying documents.
• You need to pursue contempt, sanctions, or criminal referrals.

An experienced Iowa probate lawyer can file the petition, request subpoenas and show-cause orders, gather witness declarations, and represent you at hearings. For general probate procedural information and forms, see the Iowa Judicial Branch probate pages: Iowa Courts — Probate.

Helpful Hints

• Keep calm and document everything. A written trail (emails/texts/letters) showing who has the will and that they refused to turn it over is powerful in court.
• Contact the decedent’s last attorney first. Many wills are filed with the attorney who drafted them; the attorney may already have the original or a filed copy.
• Obtain and keep multiple copies. Scan or photograph any copy you find. Copies will be important evidence if the original cannot be located.
• Serve a written demand for the original before filing in court. This step is often required and helps show the court you tried to resolve the issue informally.
• Ask the court to subpoena the original. A subpoena and a show-cause hearing are common tools to force production.
• Preserve witnesses. Identify and get contact info for anyone who saw the decedent sign the will or who handled the decedent’s papers.
• Don’t risk criminal exposure. Avoid taking the will by force or breaking into locked containers. Use legal process (subpoena/court order).
• If the matter is urgent (assets at risk), ask the court for temporary appointment of a personal representative or an asset preservation order.