Detailed answer — what you can do under Kentucky law

When a testator (your father) dies, the original signed will is normally submitted to the court to begin probate. If someone withholds the original, you have several civil procedural options to get the estate opened and the will admitted in Kentucky.

1. Look for the original first

Before asking the court to intervene, check likely places and people: the attorney who prepared the will, your father’s safe deposit box, a family safe, his last residence, or files with his bank or other professionals. Ask the drafting attorney if they retain an original or a copy. Locate any signed copies, drafts, or electronic copies and any witness contact information.

2. Ask the step‑sister in writing and preserve proof

Send a polite written demand asking her to produce the original will. Keep a copy of the letter and proof of delivery (certified mail receipt or email read receipt). Courts like to see you attempted informal resolution before filing motions.

3. File a petition to probate the will (and attach a copy)

If the original is not delivered voluntarily, an interested person (beneficiary or proposed executor) can file a petition to admit the will to probate with the appropriate county court. In many cases you can attach a copy of the will and describe why the original is not available. The court will decide whether to admit the copy based on evidence of authenticity, due execution, and why the original is not produced.

Kentucky’s probate procedures and statutes govern how wills are proved and how estates are opened. The Kentucky Revised Statutes and the Kentucky Court of Justice explain probate procedure and required filings. See the Kentucky Revised Statutes and the Kentucky Court of Justice probate information for county procedures and forms:

• Kentucky Revised Statutes (searchable)
• Kentucky Court of Justice (probate information)

4. Ask the court for an order to produce (subpoena / order to show cause)

If the step‑sister refuses to hand over the original, you can ask the court for an order compelling production. The court can issue subpoenas or an order to show cause requiring her to bring the original will to the hearing. If she ignores a subpoena or court order, the court can hold her in contempt, which can carry fines or other sanctions.

5. Offer proof to support a copy (if the original is missing)

If the original cannot be located, the court may still admit a copy if you can prove the copy accurately reflects the testator’s intent and was validly executed. Typical proof includes:

• Testimony or affidavit from a witness who saw your father sign the will or who witnessed the signing;
• An affidavit from the attorney who drafted the will (if applicable);
• Copies of prior drafts, related correspondence, or a self‑proved affidavit if one exists;
• Evidence showing the step‑sister’s refusal to produce the original (demand letter and proof of delivery).

6. Consider a turnover, replevin, or civil action

If the original is being intentionally withheld, you may also bring a civil action to recover possession (replevin or turnover), asking the court to order return of the document. An attorney can advise which specific remedy fits your facts.

7. Criminal remedies in some cases

Deliberately hiding or destroying a will can cross into criminal conduct in certain circumstances. If you suspect the original was destroyed or concealed to defeat the will, consider contacting local law enforcement and consult an attorney about whether criminal charges (e.g., tampering with a will or evidence) may apply.

8. Timing and possible risks

Act promptly. Delays can complicate probate, let assets disperse, or allow conflicting probate filings. If the step‑sister claims the will was revoked or destroyed, the court will weigh competing evidence. Keep careful records of all communications and documents.

9. Involve an attorney when appropriate

Probate rules and local court practice can be technical. An attorney can prepare the petition, affidavits, subpoenas, and, if needed, a civil suit for return of property. If family relationships are tense, an attorney can also handle communications to reduce escalation.

How Kentucky courts typically handle a withheld original

Courts focus on two issues: (1) whether the will was validly executed, and (2) why the original is not before the court. If the proponent of a copy proves validity and explains nonproduction, the court may admit the copy into probate and appoint personal representative consistent with the will. If proof fails, the estate may be administered as if there were no valid will (intestate succession).

Practical step‑by‑step checklist

1. Search for original (attorney, safe deposit, bank, home files).
2. Request production in writing; keep proof.
3. Collect witness names and copies of any draft or signed copies.
4. File a petition to probate (attach copy and explain nonproduction).
5. Request subpoena/order to produce the original.
6. Bring affidavits/witness testimony proving due execution of the will.
7. Consider civil action (replevin/turnover) or criminal referral if warranted.

Helpful Hints

• Keep calm and document everything: dates, calls, letters, receipts, and witness contact info.
• Ask the attorney who drafted the will whether they have an original or a certified copy.
• Check whether the will included a “self‑proved affidavit” — that speeds probate of copies.
• Bring a certified copy of the death certificate when you file for probate.
• If possible, use certified mail for legal requests so you have proof someone received your demand.
• Act quickly — statutes of limitations and local court rules can impose deadlines.
• If family conflict is high, get legal help early to preserve evidence and avoid mistakes in court filings.