Detailed Answer — How to get an original will filed in probate when someone refuses to give it to you (Kansas)

Short answer: If your step‑sister is withholding your father’s original will, you can ask the Kansas probate court to compel production (via subpoena or show‑cause order) or to admit a copy into probate if the original cannot be produced. You should act quickly, gather every available copy and supporting evidence, and consider hiring a probate attorney to file the necessary petitions and motions.

Step‑by‑step approach

Search likely locations and collection points first. Check the decedent’s lawyer or law firm, bank safe‑deposit boxes, the decedent’s home, the mailing or storage records, and any files kept by the funeral home. Many attorneys keep the original will. If you find a copy, make certified copies and note where and how the copy was found.
Send a written demand. Politely demand the original in writing (certified mail with return receipt). Tell the holder you intend to file the will for probate and that you will ask the court to compel production if necessary. Keep copies of correspondence and delivery receipts.
Check for attesting witnesses and drafts. Identify and locate any witnesses who saw your father sign the will or the attorney who prepared it. Witness affidavits or testimony are crucial if the court is asked to admit a copy.
File in probate court. File a petition with the local Kansas district court (probate docket) in the county where your father lived to admit the will to probate. If you have only a copy, file a petition to admit the copy and explain why the original is unavailable. If the original is in someone’s possession and they refuse to deliver it, you can ask the court for an order requiring production.
Ask the court to issue a subpoena or order to produce. The probate court has power to order people to appear and to bring documents. You can ask for a subpoena duces tecum (order to bring the original will) or for the court to hold the holder in contempt if they disobey a lawful order. If the holder refuses after a court order, the court can impose sanctions, including contempt.
If the original was intentionally destroyed or cannot be found, ask the court to admit a copy. Kansas probate law allows admission of a copy of a will when the original cannot be produced, but you must prove the will’s contents and that the decedent did not revoke it. Affidavits, testimony from attesting witnesses or the drafting attorney, and consistent documentary evidence help the court decide.
Consider emergency motions if you fear destruction or removal of the will. Ask the court for temporary relief (a restraining order or order to preserve property) to stop anyone from destroying or hiding estate documents while the court decides who should have custody.
If you suspect theft or intentional concealment, you may have criminal remedies. Deliberately taking or hiding a will may be a crime. A consultation with an attorney can help you determine whether to contact law enforcement while you pursue the probate remedy.

What the court will want to see

Evidence the will existed and was properly executed (signatures, attesting witness testimony, notary information if any).
Proof the original is lost, destroyed, or is being wrongfully withheld.
If offering a copy: the copy’s provenance, corroborating testimony from witnesses or the drafting attorney, and evidence the decedent did not revoke the will.
Records showing who had access to the document and when (mailing records, safe‑deposit records, attorney correspondence, etc.).

Possible outcomes

The court orders production of the original and accepts it for probate.
The holder refuses to comply and the court holds them in contempt or imposes other sanctions.
If the original remains unavailable, the court may admit a copy into probate if the petitioner proves due execution and absence of revocation.
If the court finds insufficient proof, it may deny admission of the will and the estate could be administered under intestacy rules.

Relevant Kansas law and resources

Kansas probate law is primarily found in the statutes that govern wills and probate procedure (see the Kansas Probate Code). For the statutory framework and court forms, see the Kansas statutes and the Kansas Judicial Branch:

Kansas statutes (Probate Code) — Kansas Revisor of Statutes: https://www.ksrevisor.org/statutes/
Kansas Judicial Branch (court information and probate forms): https://www.kscourts.org/

These resources describe filing procedures, forms, and local court rules you will need to follow. A local probate attorney can point to the exact statutory sections that apply to your situation and file the necessary pleadings.

When to hire an attorney

You should strongly consider hiring an experienced Kansas probate attorney if:

The original will is being actively withheld or there is a dispute among potential heirs.
A person refuses court orders or threatens to destroy evidence.
Complex or high‑value assets require immediate protection (e.g., business interests, real estate).
You need to subpoena witnesses, obtain emergency court orders, or pursue contempt or criminal referrals.

An attorney can prepare the petition, draft subpoenas and motions, obtain witness affidavits, and represent you at hearings.

Helpful Hints

Act quickly. Probate disputes can become more difficult with delay.
Make and keep multiple copies of any wills, witness statements, emails, or drafts you find.
Document every contact with the person holding the original — dates, times, content, and delivery receipts for letters.
Search the decedent’s attorney’s files and the decedent’s bank or safe‑deposit records early — attorneys often keep originals.
Locate and preserve attesting witnesses; their sworn statements are very persuasive to the court.
Consider mediation if the holder is willing to negotiate a voluntary turnover before court steps escalate.
Be cautious about accusing someone of a crime in writing; discuss criminal referrals with an attorney before contacting police.

How we can help you take the next step: If you want, we can outline the documents and evidence you’ll need to gather before you meet a probate attorney, and provide a checklist of court filings commonly used in Kansas probate cases.

Disclaimer: This article explains general Kansas probate concepts and common steps people take when an original will is withheld. It is for informational purposes only and is not legal advice. Laws change and every case has unique facts. Consult a licensed Kansas attorney about your specific situation before taking legal action.