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This article explains practical options under New Mexico law when the named custodian of a deceased person’s original will (for example, a step‑sibling) refuses to produce the original will. This is an educational guide only and not legal advice. If you have immediate deadlines or significant assets at risk, speak with a probate attorney promptly.

Key legal concepts

• Probate: Probate is the court process that recognizes a will, appoints a personal representative, and supervises distribution of the estate.
• Original will requirement: Courts normally prefer to admit the original will. If the original cannot be produced, courts may still admit a copy if conditions are met or take steps to compel production.
• Lost or withheld wills: If the original has been lost, destroyed, or is being withheld, you can ask the court to admit a copy or to order the person who has the original to produce it.

Actions you can take in New Mexico

Use the following steps as a practical roadmap. Timing and tactics will depend on facts (who is named executor, whether there are urgent creditor claims, the value and type of assets, and whether other heirs are cooperative).

1. Make a written demand for the original will.

   Send a demand letter to the step‑sister by certified mail (keep proof of mailing and delivery). Clearly state that you are requesting the original will so it can be filed for probate, give a reasonable deadline (for example, 10–14 days), and say that you will ask the court for relief if it is not produced.

2. Check for a copy and other evidence.

   Collect any copies, emails, drafts, witness lists, or evidence of the will’s existence and execution (for example, a photocopy of the will, proof of signatures, testimony from witnesses who signed the will, or an email sending the will to someone). Courts consider such evidence when an original is missing.

3. File a probate petition even if you don’t yet have the original.

   You can file a petition to open probate and ask the court either (a) to order the person in possession to deliver the original, (b) to appoint a personal representative, or (c) to admit a copy of the will if the original can’t be produced. Filing begins the court process and protects estate assets. New Mexico probate procedures and forms are available through the Judicial Branch; see the New Mexico Courts website for probate filing information: https://www.nmcourts.gov.

4. Ask the court to compel production or to appoint a temporary representative.

   If the step‑sister refuses to turn over the will, ask the probate court for an order compelling production. The court can issue subpoenas, order turnover of the document, hold the person in contempt, or appoint a temporary/limited personal representative (sometimes called a special administrator) to protect assets while the dispute is resolved.

5. Seek admission of a copy (if the original is unavailable).

   If the original cannot be produced, New Mexico courts may admit a copy if there is sufficient proof that the copy accurately reflects a valid will and that the will was not revoked. Evidence can include testimony from attesting witnesses, the testator’s handwriting samples, contemporaneous copies, or other corroborating facts. When admitting a copy, the court must be satisfied the document truly represents the decedent’s last wishes.

6. Use discovery tools if needed.

   In contested estates you can use subpoenas to obtain the document or deposition testimony. A court may also award attorney fees or sanctions for bad‑faith withholding in some situations.

7. Consider alternative remedies (mediation or settlement).

   If litigation would be expensive or divisive, propose mediation or a negotiated resolution to get access to the original or agree to admit a copy with stipulations.

Standard of proof and what the court looks for

When an original will is missing, a judge will look for reliable evidence that the document offered as the decedent’s will:

• Was executed according to the legal formalities (signature, attesting witnesses);
• Has not been revoked by the decedent (e.g., no later will exists and no evidence of revocation by physical act or a later valid will); and
• Reflects the testator’s intent as their last valid testamentary act.

Where to find New Mexico probate rules and statutes

New Mexico’s judicial branch provides probate filing information and forms at the New Mexico Courts website: https://www.nmcourts.gov. For the statutory framework governing wills, probate, and estates search the New Mexico statutes through the Legislature’s website: https://www.nmlegis.gov. These resources point to the applicable statutes and local court rules that control probate practice in New Mexico.

When to get an attorney

Probate disputes over a withheld will can be factually and legally complex. Consult a New Mexico probate attorney if you face:

• Significant assets or creditors who may make claims;
• Hostile family members or refusal to produce documents;
• Unclear ownership of assets that require quick court intervention; or
• Concerns about fraud, undue influence, or invalid execution.

A local probate attorney can (1) draft a demand letter, (2) file the appropriate probate petitions, (3) subpoena the original document or witnesses, and (4) represent you at hearings where the court decides whether to compel production or admit a copy.

Helpful Hints

• Act quickly. Probate disputes become harder to resolve the longer you wait.
• Keep careful records of all communications with the person holding the will (dates, copies of letters, certified mail receipts, emails, text messages).
• Preserve all copies of the will and related documents. Photocopies, scanned copies, or emails may be useful evidence.
• Ask witnesses who were present when the will was signed to write down what they remember and preserve their contact details.
• File a probate petition to start the court’s involvement even if you don’t yet have the original. This protects estate assets and starts statutory timelines.
• Request temporary court orders (appointment of a special administrator, asset freezes) if estate property is at risk of dissipation.
• Consider a short, firm written demand before filing suit — courts and mediators view attempts to resolve disputes informally favorably.
• Consult a New Mexico probate attorney early if the estate is large, complex, or contested.

Disclaimer: This article explains general New Mexico probate concepts to help you understand options when an original will is withheld. It is educational only and does not constitute legal advice. For guidance tailored to your situation, consult a licensed New Mexico attorney.