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Detailed Answer — How South Carolina probate handles an unavailable original will

When a decedent’s original will is in someone else’s possession and that person refuses to provide it, South Carolina law gives you several options. You can try a non‑litigation approach first, but if that fails, you can ask the probate court to compel production or to admit a copy or other proof of the will if the original is lost or withheld.

1. Confirm the basics before you act

• Make sure the document you think is the last will was properly executed (signed by the testator and witnessed according to South Carolina requirements). See South Carolina Code, Title 62 for the law governing wills: SC Code — Title 62.
• Gather any copies of the will you have (paper or electronic), names and contact information for attesting witnesses, and any other evidence that the will existed and was not revoked (emails, drafts, storage location, safe deposit box receipts, witnesses’ statements, etc.).

2. Try to obtain the original without court action

• Contact the person who has the original and make a polite written request for the document. Send the request by certified mail and keep a copy of the letter and tracking/return receipt.
• If direct communication fails, send a formal demand letter from an attorney. An attorney’s demand often persuades people to turn over documents.
• If the document is in a safe deposit box, you or the personal representative can get access by presenting a death certificate and a court order, or by asking the bank about their procedures.

3. If the holder still refuses: what to file in probate court

If you cannot obtain the original, you can ask the probate court for relief. Two common routes in South Carolina:

1. Petition to compel production or for an order to recover the original: File a petition in the probate court to compel production. The court can issue an order directing the person to produce the document or face sanctions. In some situations the court can order the sheriff or other officer to retrieve the paper if it is being wrongfully withheld.
2. Petition to admit a lost or destroyed will (probate a copy): If the original cannot be produced because it was lost, destroyed, or withheld and you cannot obtain it, South Carolina probate practice allows the court to admit a copy into probate if you present sufficient evidence that the copy accurately reflects the decedent’s last will and that the will was not revoked. This typically requires testimony or affidavits from attesting witnesses or other convincing proof of the will’s existence and contents.

Both types of petitions proceed in the probate court for the county where the decedent last lived. See South Carolina Code, Title 62 for the probate framework: https://www.scstatehouse.gov/code/t62.php.

4. Evidence the court will want

• A copy of the will (if you have one).
• Names and sworn statements or testimony of the subscribing (attesting) witnesses who saw the testator sign the will.
• Any contemporaneous proof the will existed (drafts, notes, emails, safe‑deposit receipts, letters, witness affidavits).
• Evidence that the will was not revoked (no later executed will, no evidence of physical destruction by the testator, etc.).
• Records of your attempts to obtain the original (certified mail receipts, emails, attorney demand letters).

5. Possible court actions and remedies

• The probate court can order the person to produce the original or face contempt sanctions.
• If the original remains unavailable, the court can admit a copy to probate if the proof satisfies the court’s standards.
• The court can seize or direct turnover of the original document if it finds the holder wrongfully withheld it.
• The court can appoint a personal representative and issue letters of administration or letters testamentary based on the approved will or intestacy if necessary.

6. Timeline and when to act

Act promptly. The longer you wait, the more difficult it may be to locate witnesses, preserve evidence, or recover originals. Probate deadlines and practical complications differ by county and by case complexities.

7. When to consult an attorney

• If the holder refuses a written demand or an attorney’s demand.
• If you expect a contested probate (heirs or beneficiaries will dispute the will or the missing original).
• If you need a court order to access a safe deposit box or to compel production of the will.
• When criminal concerns arise (for example, suspected deliberate destruction or concealment of a will) — an attorney can advise whether to involve law enforcement and how to proceed in probate court.

Helpful Hints

• Document every contact: keep copies of letters, emails, and certified mail receipts. The court will want to see your attempts to obtain the original.
• Collect witness information quickly: names, addresses, and contact details for anyone who saw the testator sign or discuss the will.
• Keep copies of any drafts, scanned images, or photocopies of the will. These can support a petition to admit a lost will.
• Use an attorney experienced in South Carolina probate. Probate courts operate under state statutes and local practices; an attorney helps prepare effective pleadings and witness affidavits.
• Check your county probate court’s local procedures and filing fees. Many counties have self‑help resources and forms that explain how to open an estate or file a petition.
• If the original is in a bank safe deposit box, ask the bank for their procedures. South Carolina banks often require a court order or the presence of the personal representative to open a box after death.
• Consider mediation if family dynamics make litigation costly and divisive. A neutral mediator can sometimes secure the original or an agreement to accept a copy.