Probate options if an heir withholds an original will in Massachusetts

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Massachusetts probate concepts and common steps people take when someone refuses to surrender an original will. For advice tailored to your situation, consult a Massachusetts probate attorney or the Probate and Family Court.

Short answer

If a relative is refusing to turn over the original will, you can still ask the Probate and Family Court to probate the will. In Massachusetts you can either (1) seek an order compelling delivery of the original, or (2) if the original cannot be produced, file a petition to admit a copy of the will and present evidence showing the original existed and was not revoked. The Probate and Family Court (which handles wills) implements rules based on the Massachusetts Probate Code (Mass. Gen. Laws ch. 190B) and has forms and local procedures to follow.

Detailed answer — step by step under Massachusetts law

1. Understand why the original matters

   Court normally wants the original signed will to admit it to probate because the original proves the testator’s signature and the will’s formal execution. If the original is unavailable, the court can still admit a copy, but you must prove the copy accurately reflects a will that was validly executed and not revoked.

2. Try a written demand first

   Send a polite written request to the person holding the will asking them to deliver it to the Probate and Family Court or to you within a short deadline (for example, 7–14 days). Keep a copy of the demand and any responses. Documentation helps if you later ask the court to compel production.

3. If the person still refuses, consider these court options

   1. Petition to compel production or for injunctive relief:

      You can file a petition in the Probate and Family Court asking the judge to order the person to produce the original will. If someone is intentionally concealing an estate document, the court can order its production and may impose sanctions for non‑compliance.

   2. File to admit a copy or prove a lost will:

      If the original cannot be obtained, file a petition to probate the will using a copy. The court will require evidence that the original was validly executed and that it was not revoked. Evidence commonly used includes:

      • Signed copy of the will
      • Affidavits from witnesses who saw the testator sign the will or who can attest to the testator’s intent and signature
      • Correspondence, drafts, or other documents showing the will’s terms
      • Evidence that the original was in the testator’s possession and later went missing (if applicable)

      The Massachusetts Uniform Probate Code (Mass. Gen. Laws ch. 190B) and local probate practice govern when a copy may be admitted. See the Probate and Family Court resources listed below for forms and local instructions.

   3. Ask the court to appoint a temporary personal representative:

      If estate administration is urgent (for example, to preserve assets), you can petition for appointment of a temporary personal representative while the will dispute proceeds. The court balances the estate’s needs and the claims of interested parties when granting emergency relief.

   4. Seek sanctions or civil remedies if there’s concealment:

      Withholding a will may be treated as wrongful concealment. You may be able to seek monetary sanctions, contempt, or other remedies if the court finds someone intentionally obstructed the probate process. In serious cases, civil claims in a different court (for conversion or interference) can be considered, but those are fact-intensive and often require an attorney.

4. Prepare strong evidentiary support

   The more evidence you bring to the court, the better your chance of success if the original is missing. Useful items include:

   • Death certificate
   • Any copy of the will (drafts, photocopies, PDFs, email attachments)
   • Names and contact details of witnesses to the will signing
   • Communications with the holder of the original (texts, emails, letters)
   • Any other documents showing the testator’s intent or estate planning

5. Follow Massachusetts court procedure and timelines

   File your petition and pay any filing fees at the Probate and Family Court for the county where the decedent lived. The court will notify interested persons, schedule hearings, and direct what proof you must submit. See the court’s how‑to guide and available forms at the state pages linked below.

6. Get legal help if the situation is contested

   Contested probate can become complex and fact‑specific. If the other person continues to refuse, or if the validity of the will or rights of heirs are disputed, hire a probate attorney experienced in Massachusetts probate litigation. An attorney can file motions, take depositions, and represent you at hearings.

Key Massachusetts resources and statutes

• Massachusetts Probate and Family Court (general info and how to file): https://www.mass.gov/orgs/probate-and-family-court
• How to probate a will in Massachusetts: https://www.mass.gov/how-to/probate-a-will
• Massachusetts General Laws, Chapter 190B (Uniform Probate Code): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
• Probate and Family Court forms and local rules (useful for petitions and affidavits): https://www.mass.gov/guides/probate-and-family-court-forms

When to call an attorney

Consider hiring an attorney if:

• The holder of the original refuses to respond to written requests or court orders
• The estate has significant assets that could be lost without prompt action
• There is a dispute about the will’s validity, forgery allegations, or competing wills
• You need immediate appointment of a temporary personal representative

Helpful Hints

• Start with a written, dated demand for the original and keep copies of all communications.
• Gather any copies of the will and contact information for witnesses before filing.
• File in the Probate and Family Court in the county where your father lived at death.
• Ask the court for temporary relief when estate assets or deadlines are at risk.
• Be prepared to prove the copy’s authenticity if the original is not produced.
• Use the court’s forms and follow local filing rules to avoid delays.
• If the situation escalates, hire a lawyer who handles contested probate in Massachusetts.

For next steps, start by collecting evidence (copy of the will, witnesses, communications), make a written demand for the original, and review the Probate and Family Court’s how‑to materials. If the holder still refuses, file a petition in Probate Court to compel production or to admit a copy and seek the court’s direction.