Detailed Answer — What to do when a relative refuses to submit your father’s original will in Louisiana

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general steps under Louisiana succession practice to help you decide what to do next and when to contact a Louisiana succession attorney.

Overview — why the original will matters

To open a succession (probate) in Louisiana you generally present the decedent’s last will to the court where the decedent lived. The original will carries the strongest legal effect because the court ordinarily needs to examine the original document to confirm its authenticity and appoint an executor named in it. When a family member (here, your step-sister) refuses to produce the original, Louisiana law and the court can provide civil remedies so the succession can be opened and estate administration can proceed.

Immediate, practical steps you can take right now

• Search for other likely locations for the original: the decedent’s attorney or notary who prepared the will, a safe-deposit box, a home safe, bank, or a trusted friend. In Louisiana many wills are prepared by a notary; check with any notary or lawyer who handled the estate planning.
• Collect and preserve copies and evidence: get any photocopy, scan, or photograph of the will; collect emails, text messages, or voicemail where the decedent discussed the will or where your step-sister acknowledged receiving the will; get names and contact information for anyone who saw the will or who was present when it was signed.
• Send a written demand: send a certified letter to your step-sister asking her to produce the original will and state a reasonable deadline. Keep a copy of the letter and proof of mailing/receipt. This creates a paper trail you can use in court.
• Preserve assets and evidence: take inventory of estate assets (vehicles, real property, bank accounts). If you fear destruction of estate property or document tampering, document the condition of the decedent’s home and lockboxes (photos, lists) and avoid disturbing evidence.

Legal steps to force production and open the succession in Louisiana

Below are typical legal remedies available in Louisiana courts. The exact procedural label may vary by parish, so you should consult an attorney or the district court clerk in the parish where the decedent lived.

1. File a petition to open the succession and produce the will.

   If you are an heir, legatee, or a named executor, you can file a petition in the appropriate district court to open the succession and ask the court to require production of the will. The court can schedule a hearing and order anyone in possession of the will to produce it under court order.

2. Request a rule to show cause or a motion to compel production.

   If your step-sister refuses to comply with a court demand, you can ask the judge to issue a rule ordering her to appear and explain why she is not producing the original will. If she disobeys a court order, the judge may impose sanctions, contempt, or other remedies.

3. Seek appointment of a curator or provisional administrator.

   If no executor will act and assets are at risk, you can ask the court to appoint a provisional administrator (often called an administrator with provisional powers) to preserve estate assets while the will dispute is resolved.

4. Ask the court to probate a copy (if the original cannot be found).

   If the original will cannot be located or is unlawfully withheld, Louisiana courts can in some situations admit a copy or other secondary evidence of the will’s contents. The court will require proof of the copy’s authenticity — this may include testimony from witnesses who saw the will, affidavits from the notary or attorney who drafted it, correspondence, and other circumstantial evidence showing the copy matches the original. Expect a higher burden of proof than when the original is produced.

5. Consider civil remedies for conversion or theft.

   If the will was taken or destroyed intentionally, you may have a separate civil claim for conversion or a criminal complaint for theft or destruction of a testamentary document. Contact the district attorney if you suspect criminal conduct.

Who should file in court?

In Louisiana, any interested person — typically an heir, legatee, or a named executor — can file a petition to open the succession in the district court of the parish where the decedent was domiciled. If you are unsure whether you qualify as an interested person, speak with a succession attorney or the court clerk for guidance.

Where to file and what to bring

• File in the district court in the parish where your father lived (his domicile) when he died.
• Bring a certified copy of the death certificate, any copy of the will you have, lists of heirs/known relatives, and any evidence that the original is in your step-sister’s possession (communications, witness names, etc.).

Statutory resources and where to read more

Louisiana’s laws governing successions and wills are part of the Louisiana Civil Code and related procedural rules. You can search and read the Louisiana codes at the Louisiana Legislature site: https://legis.la.gov/. For court procedures and local rules, check the district court clerk’s office in the parish where the decedent lived.

When to hire a Louisiana succession attorney

Hire an attorney if any of these apply:

• The relative refuses to produce the original after demand and you need to file in court.
• You face a contested will, allegations of fraud, or claims of undue influence.
• Significant estate assets risk loss without a provisional administrator.
• You need help collecting evidence, filing a petition, or presenting proof to admit a copy of a will.

Helpful Hints

• Check whether the will was prepared by a notary or attorney — notaries in Louisiana often keep records. Contact them early.
• Make copies of everything and keep a dated file of communications with your step-sister or other family members.
• Send a written, certified demand for the original will and keep proof of delivery.
• Gather witness names quickly — memories fade. Ask anyone who saw the decedent sign the will or who discussed its contents to write an affidavit or statement.
• If assets are in immediate danger, ask the court for provisional relief to preserve estate property while the dispute is resolved.
• Remember: probate and succession laws vary in procedure across parishes. Contact the district court clerk or a local attorney for parish-specific rules.

Final note: If you want, provide the parish where your father lived and any details you can share (type of will copy, whether a notary prepared it, whether you or the step-sister live nearby). That lets a local attorney or court clerk give more targeted next steps.