What to do if a signed original will is being withheld in Oregon

Short answer: In Oregon you have several paths: ask the holder to produce the original, send a formal demand, ask the probate court to compel production or to admit a copy if the original cannot be produced, or seek court sanctions if someone intentionally withholds the will. Which path is best depends on facts: who physically has the original, whether you have a copy or witness testimony, and whether the holder intends to hide or destroy the document.

How Oregon law treats originals and copies of wills

Oregon law prefers that an original will be presented to the court for probate. The Oregon Revised Statutes set out the rules about wills and their probate; see the chapter on wills at the Oregon Legislature site for the statutory framework: ORS Chapter 112 (Wills). The Oregon courts provide user-facing probate information and forms on probate intake and administration: Oregon Judicial Department — Probate.

Practical steps you can take right now

1. Stay calm and document everything. Note dates and times of conversations, retain any emails or texts, and keep any copies of the will you already have.
2. Ask for the original in writing. Send a polite written request (email plus a certified letter works) asking the holder to deliver the original to you or to the probate court. Keep proof you sent the request.
3. Check whether the will was filed already. Some attorneys or banks file the original with the court or a safe-deposit box. Contact the decedent’s attorney, bank, and safe-deposit box custodian to ask whether the original is held there.
4. Gather supporting evidence. Get any copies, drafts, or witnesses’ names. Note who prepared the will, who witnessed it, and whether any attorney or notary was involved. Witnesses or the will’s drafting attorney can provide testimony about the will’s execution and contents.
5. Consider a demand letter from an attorney. A short attorney letter demanding production often persuades someone to cooperate. The letter can explain legal consequences for withholding the document and can request voluntary delivery to the county probate court.
6. File a probate petition with the court. If you are ready to open probate (for example, to appoint a personal representative), you can file a petition to probate the will and appoint a personal representative even if the holder has not turned over the original. The petition starts the court process and creates formal channels (service, notice) that may compel the holder to act. Oregon probate forms and intake instructions are on the Oregon Judicial Department site above.
7. Ask the court to compel production. After you file the petition, you can seek an order requiring the person who has the original to produce it to the clerk or to appear in court and explain why they are withholding it. If the person intentionally hides or withholds the will, the court can impose sanctions, including contempt.
8. If the original is not producible, ask the court to admit a copy. If the original cannot be located or the holder refuses to deliver it, you can present a copy plus testimony or affidavits (for example, from attesting witnesses or the drafting attorney) showing the decedent executed the will and did not revoke it. Oregon courts admit copies in appropriate circumstances when the proponent proves the will’s validity and explains the original’s absence. Gather as much evidence as possible (signed copy, witness affidavits, attorney file notes, earlier drafts, metadata, safe-deposit box records).

What the court will consider

The probate court focuses on two basic questions when an original will is missing or withheld:

• Did the decedent validly execute the will? (Signatures, attestation requirements, mental capacity, and lack of coercion.)
• Why is the original absent and is there proof of revocation?

The court may allow admission of a non-original (copy) if evidence convinces the judge the document is genuine and the decedent did not revoke it. If someone in possession of the will is intentionally trying to interfere with probate, the court can order production and may penalize refusal.

Possible remedies and legal tools

• Subpoena or court order: After you file a probate matter, the court can require the holder to produce the original under threat of contempt.
• Petition to admit copy: Ask the court to accept a copy if you can show the original was lost, destroyed, or withheld and that the copy fairly represents the decedent’s will.
• Contempt or sanctions: If someone purposely withholds a will after a court order, the court may impose sanctions, including contempt.
• Temporary protective relief: In narrow situations you could ask for interim relief to protect estate assets while the court sorts out the will dispute (for example, appointment of a temporary personal representative).

What you’ll likely need to file

• Certified copy of the decedent’s death certificate.
• Copies of any available will drafts or copies.
• Names and contact info for witnesses, the drafting attorney, and anyone who had custody of the original.
• Inventory of decedent’s major assets (bank accounts, real property, safe-deposit boxes) and account numbers if available.
• Affidavits or declarations from witnesses or the drafting lawyer describing the will’s execution and the original’s last known location.

Timing, costs, and expectations

Probate timelines vary with complexity and disputes. If the holder cooperates, the court can open informal probate relatively quickly (weeks to a few months). If litigation or contested admission of a will becomes necessary, the process can take many months and cost more in attorney fees and court costs. Filing initial forms and pursuing a simple order to produce can be done without much expense, but contested hearings generally require lawyer involvement.

When to get a lawyer

If the holder refuses to cooperate after a written demand, or if competing claims arise, consult a probate attorney promptly. An attorney can:

• Draft a demand or a petition and file it properly with the probate court.
• Prepare witness affidavits and evidence to support admission of a copy.
• Seek discovery, subpoenas, or protective relief from the court.
• Represent you at hearings and argue for sanctions if appropriate.

Resources

• Oregon Revised Statutes — Wills: https://www.oregonlegislature.gov/bills_laws/ors/ors112.html
• Oregon Judicial Department — Probate information and forms: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx

Disclaimer

This article explains general Oregon probate concepts and is not legal advice. Laws change and individual facts matter. If you need a definitive answer tailored to your situation, consult a licensed Oregon probate attorney.

Helpful Hints

• Preserve evidence: keep all copies, emails, and notes about the will and communications with the holder.
• Ask the drafting attorney: many wills were drafted or kept by a lawyer who will cooperate or provide a certified copy or testimony.
• Use written requests: verbal requests are easily denied—document all demands and responses.
• Start the probate process: filing a petition creates formal legal steps that help force cooperation.
• Act quickly: delays can increase the risk of the original being lost or destroyed and may complicate admission of a copy.
• Consider mediation: if relations permit, mediation can resolve custody of the original quickly and cheaply compared to court battles.