How to get a deceased parent’s will filed when a family member won’t give the original (Nebraska)

Short answer: File a probate petition in the county where your father lived, tell the court the original will is being withheld, and ask the court to either compel production or admit a copy of the will if the original cannot be produced. Nebraska probate rules allow the court to take steps to protect the estate and to admit a lost will if its contents and execution can be proved. This process usually requires filing paperwork, serving notice on interested people (including your step‑sister), and, if needed, testimony or affidavits showing the will’s authenticity.

Detailed answer — step by step under Nebraska law

Start by understanding two things: (1) how to open probate in Nebraska and (2) what to do if the original will is unavailable. Nebraska’s decedents’ estates statutes are in Chapter 30 of the Nebraska Revised Statutes; read them for the formal provisions that govern probate and admission of wills: Neb. Rev. Stat., Chapter 30.

1. Where to file

File a petition for probate in the county court of the county where your father was domiciled (lived) when he died. The county court handles probate and letters testamentary in Nebraska.

2. If you have the original will

If you can obtain the original will, take it to the county court and file a petition to admit the will to probate. You will normally submit the original to the court clerk with the petition and provide a certified copy of the death certificate and a list of known heirs/beneficiaries. The court will set required notices and, if there are no timely objections, appoint a personal representative (executor) and issue letters testamentary.

3. If the original will is withheld by your step‑sister

If your step‑sister refuses to give the original will to you or to the court, you have these main options:

• Demand production. Send a written demand (certified mail, return receipt) asking her to deliver the original to the probate court or to you. Keep copies and proof of delivery.
• File the probate petition anyway and disclose the withholding. When you file to open probate, include a sworn statement describing the will’s location and that the original is being withheld. Nebraska courts permit filing petitions identifying the withheld original and ordering appropriate relief.
• Ask the court to compel the will. The court can issue an order requiring a person to produce a decedent’s will. If the person ignores a court order, the court can impose contempt or other sanctions.
• Seek admission of a copy or proof of a lost will. If the original truly can’t be produced, Nebraska law permits the court to admit a copy of a will when the original is lost or destroyed if the proponent proves the will’s proper execution and the cause of nonproduction. That proof typically requires witness testimony or affidavits from the people who saw the testator sign the will, testimony that the will wasn’t revoked, and other corroborating evidence.

4. What evidence the court will expect if the original is missing

To have a copy admitted, you must usually prove:

• That the decedent executed the will (testator’s signature and any required witnesses).
• That the will’s text is accurate (the copy truly reflects the decedent’s last wishes).
• That the original cannot be produced despite reasonable efforts, and the original was not intentionally destroyed by the testator (no revocation).

The court will consider testimony from attesting witnesses, affidavits from people who saw the will, contemporaneous drafts, photocopies, and any communications from the decedent describing the will.

5. Practical motions and remedies

• Motion to compel production: ask the court to order your step‑sister to produce the original will. If she refuses, she may face contempt sanctions.
• Motion to admit a copy or lost will: if the original cannot be produced, move to admit a copy and present supporting affidavits or witness testimony.
• Civil turnover or conversion claims: in some situations you may have a separate civil claim to recover possession of the original document.

6. Timeline and quick actions

File as soon as possible. Prompt probate protects the estate and helps meet creditor and tax deadlines. Even if the original is withheld, opening probate with full disclosure protects your position and preserves legal options. When you file, the court will set notice deadlines and hearing dates — use those to gather witness affidavits or to ask the court to compel production.

7. When to get a Nebraska probate lawyer

If the other holder of the will refuses to cooperate, or if the estate is substantial or contested, consult a Nebraska probate attorney. A lawyer can:

• Draft the petition and affidavits to admit a copy or seek production.
• Handle subpoenaing witnesses and issuing court orders.
• Bring motions for contempt or civil claims to recover the original document.

Key Nebraska resources and statutes

• Nebraska Revised Statutes, Chapter 30 (Decedents’ Estates and probate procedure): https://nebraskalegislature.gov/laws/statutes.php?chapter=30
• Nebraska Judicial Branch — general probate information and local court contacts: https://supremecourt.nebraska.gov/programs-services/probate

Helpful hints

• Document every step. Keep copies of letters, certified mail receipts, and a written log of phone calls and in‑person contacts with your step‑sister.
• Collect early evidence. Make copies of any drafts, photocopies, notarized copies, or emails from your father that refer to the will.
• Talk to attesting witnesses quickly. Witness memories fade; interview and get written statements while recollection is fresh.
• File promptly. Opening probate shows good faith and preserves the estate’s interests even if the original is missing.
• Use certified demand and a lawyer’s letter before filing motions. A formal demand or a lawyer’s letter sometimes prompts voluntary production and avoids court action.
• Prepare for a hearing. If the court must decide whether to admit a copy, be ready with affidavits and witness testimony proving execution and non‑revocation.
• Consider sanctions. If the person withholding the will disobeys a court order, the court may impose sanctions or contempt — a lawyer can help request that relief.
• Keep emotions separate from process. Probate is a legal process; facts and documents matter more than family disagreements when presenting your case to the court.

Disclaimer: This article explains general Nebraska probate concepts and is not legal advice. It does not create an attorney‑client relationship. For specific legal advice about your situation, contact a Nebraska probate attorney who can review the facts, draft the necessary pleadings, and represent you in court.