How to get a deceased parent’s will filed in Maryland when a relative refuses to turn over the original

Disclaimer: This is general information only and not legal advice. I am not a lawyer. For advice about your specific situation, contact a Maryland probate attorney or the Register of Wills for the county where your parent lived.

Detailed answer — steps to take under Maryland law

When the original will of a deceased person is being withheld by a family member (for example, a step-sister) you still have several ways to get the estate opened and the will admitted in Maryland. The exact path depends on whether the original can be obtained, whether a signed copy exists, who is asking for probate (a named executor or an interested person), and whether the person withholding the will has a lawful reason to keep it.

Below are practical, commonly used steps and legal options in Maryland:

1. Contact the Register of Wills right away

   The Register of Wills in the county where your parent lived handles probate filings and will intake. Call or visit the Register’s office to explain that the original will is being withheld and ask how they want you to proceed. The Register can tell you what documents the office needs to open a file, how to file a petition, and what they do when the original is unavailable. Maryland’s Register of Wills information and local office contacts are at the Maryland Judiciary website: https://www.mdcourts.gov/registers/wills.

2. Try formal demand and written requests first

   Before litigating, politely but firmly ask the step-sister in writing to produce the original will. Send a written request by certified mail (return receipt requested) or by another method that creates a record. Keep copies of all communications. A formal request can be useful later as evidence that you tried to resolve the problem without court intervention.

3. If the will cannot be turned over: consider a petition to compel production or file for probate of a lost will

   If the holder refuses to surrender the original, Maryland courts provide procedures to deal with a will that is lost, destroyed, or withheld. Typical approaches include:

   • File a petition in the Register of Wills (or the orphans’ court in some counties) asking the court to order production of the will or to admit a copy to probate if the original cannot be produced.
   • If you have only a copy, file a petition to probate a lost or destroyed will. That petition must present evidence explaining why the original is unavailable and proving the contents and due execution of the will. Evidence can include witness affidavits, photocopies of the will, emails or draft versions, and testimony from the attorney who prepared the will.

   Ask the Register of Wills about the county’s specific forms and the process to schedule a hearing. The Maryland Judiciary’s probate resources and local Register of Wills offices can help with procedure: https://www.mdcourts.gov/registers/forms.

4. Collect and preserve evidence to prove the will’s validity and contents

   For a court to admit a copy of a will or to find that a will was valid despite the original being withheld, assemble supporting evidence:

   • Any photocopies or scans of the will.
   • Affidavits from the witnesses who signed the will (they can testify about the testator’s signature and mental state at signing).
   • Affidavit from the attorney who prepared or stored the will, if applicable.
   • Communications (emails, text messages) showing the testator’s intent or the existence of the will.
   • Records of where the testator kept the will (safe deposit box, attorney file) and if the step-sister ever had lawful possession.

   Strong documentary and witness evidence improves the chance a court will admit a copy when the original is withheld.

5. Consider a court order to produce the document or civil remedies

   If the step-sister refuses to comply with a court order to turn over the will, the court can impose sanctions, including contempt. You (or the Register) can ask the court to issue an order requiring delivery of the original. If someone wrongfully refuses to give up a will, you may also have a civil claim for conversion (wrongful possession of property) or other remedies; consult an attorney about those options.

6. Who may file—named executor vs. interested person

   A named executor typically presents the original will for probate. If the named executor is the person withholding the will, an interested person (heir or beneficiary) can still petition the court to compel production, to have the court appoint a temporary administrator, or to ask the court to consider a lost will petition. If the named executor is absent or refuses to act, the court may appoint an administrator to protect estate assets.

7. Time considerations and notice to beneficiaries

   Act promptly. Many counties require notice to beneficiaries and creditors and have procedural windows. Filing early reduces risk that estate assets are mishandled. The Register of Wills can explain local notice requirements and timelines.

8. When to hire a Maryland probate attorney

   If the other person refuses to cooperate, or if the matter looks likely to require court hearings, hire a Maryland probate attorney. An attorney can prepare the necessary petitions, gather admissible evidence, represent you at hearings, and pursue remedies (compel production, recover the will, request sanctions). If you have limited funds, contact the Register of Wills first for basic guidance or ask about legal aid in your county.

Why the court may admit a copy instead of the original

Maryland courts understand originals sometimes cannot be produced. If the original is lost, destroyed, or intentionally withheld, the court may admit a copy when presented with sufficient proof of the will’s execution and contents. That proof typically includes witness or attorney affidavits and corroborating documents showing the testator’s signature and intent. The court evaluates whether admitting a copy is consistent with fairness and the testator’s intentions.

Official Maryland resources and statutes

Procedures and local rules vary by county; start with these official resources:

• Register of Wills (Maryland Judiciary): https://www.mdcourts.gov/registers/wills
• Register of Wills forms and procedural guidance: https://www.mdcourts.gov/registers/forms
• Maryland Code, Estates and Trusts (see the Estates & Trusts article for probate law): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=Estates%20and%20Trusts

Common outcomes you can expect

• If the person holding the will turns it over voluntarily, the Register of Wills will accept it and the named executor can begin probate.
• If the person refuses but a court finds the copy reliable, the court can admit a copy to probate after a hearing based on affidavits and testimony.
• If the person unlawfully withholds the will and refuses a court order, the court can enforce compliance and may impose sanctions.

Helpful hints

• Start at the Register of Wills in the county where your parent lived; they will explain the local intake and petition procedures.
• Keep written records of every contact and written request for the original will (dates, times, copies of letters or emails).
• Secure every copy you have—scans, photos, drafts—and gather witness names and contact information early while memories are fresh.
• Send a formal written demand for the original by certified mail so you have proof of your request.
• Talk to a Maryland probate attorney before filing contested petitions—there are specific rules of evidence and procedure that matter in lost-will and compulsion hearings.
• If you suspect the will was destroyed, altered, or that fraud is involved, preserve evidence and avoid discussing potential admissions casually with the person who holds the document; let counsel handle sensitive communications.
• Act quickly to protect estate assets: request the court to appoint a temporary administrator if you fear assets will be dissipated.

If you want, tell me the county where your parent lived and whether you are named executor or beneficiary; I can provide more tailored next steps and the Register of Wills contact for that county.