Detailed Answer

Hypothetical facts to frame the answer: your father died owning property in Texas. He left a written will that names you as a beneficiary or personal representative. Your step‑sister says she has the original will but refuses to give it to you or file it with the county court. You want to get the will admitted to probate so the estate can be administered.

1. Why the original matters

Texas county courts (or statutory probate courts in some counties) normally require the original will to admit it to probate. The original is evidence that the document was the testators executed will and that it hasnt been revoked or materially altered. If you can produce the original and follow the probate procedures, the court can admit the will and appoint a personal representative or allow probate as a muniment of title (if no administration or debts require it).

2. Start with a written demand and documentation

Begin by sending a clear, dated written demand to the step‑sister asking for the original will and stating that you intend to file the will for probate. Keep copies of the demand and any responses. Document any conversations or text messages. Courts and lawyers value this evidence showing you attempted to resolve the matter without litigation.

3. Filing even if she wont cooperate: options

You generally have three paths if a person withholds a will:

• File the original if you have it. If you can obtain the original, file an Application to Probate the Will and for Issuance of Letters with the probate court in the county where your father lived. The clerk will tell you the local forms and filing fee.
• If the original is unavailable because someone is withholding it, ask the court to compel production. When you file for probate, you can request subpoenas or court orders for the person who has the will to produce it. If the person refuses a valid court order, the court can impose sanctions, including contempt.
• Admit a copy as a lost will (prove the original existed and was not revoked). Texas law allows courts to admit a copy of a will when the original is lost or destroyed, but you must present evidence explaining the loss and proving the contents and due execution of the will. The court will consider testimony and other evidence to decide whether the copy accurately reflects the original and whether the testator revoked the will.

4. How Texas courts handle lost or withheld wills

The Texas Estates Code governs probate of wills. Chapter 256 covers probate procedures that courts use to determine whether a will can be admitted. If you cannot produce the original because someone is withholding it, a probate filing can include a request for the court to order production or to admit a copy with supporting proof. See Texas Estates Code, Chapter 256 for the statutory probate procedures: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.256.htm.

In practice, the court will look for evidence that: (1) the original will existed and was duly executed; (2) the original cannot be found because it was lost, destroyed, or is being withheld (not because the decedent revoked it); and (3) the offered copy accurately reflects the testators last wishes. Witness testimony (from people who saw the original or who witnessed execution), copies of the will, drafts, emails, or other corroborating documents help.

5. Filing a civil action to recover the original

If your step‑sister refuses to hand over the original, you can file a civil petition in probate court (or in county court) asking the court to order her to produce it. That petition can request a subpoena for the document. If she defies a court order, the court can enforce compliance by sanctions or contempt proceedings. Courts can also award costs and attorney fees in some circumstances.

6. Potential legal consequences for wrongful withholding

Concealing, destroying, or altering a will can give rise to civil claims (e.g., interference with testamentary intent, conversion) and could lead to criminal investigation in some circumstances. Dont rely on that possibility alone; use the probate process to compel production and protect the estate.

7. Practical timeline and immediate steps

1. Send a written demand for the original and keep proof of delivery.
2. Collect all copies, drafts, emails, and communications that show the wills contents or execution.
3. Talk to the county probate clerk to understand local filing requirements and to get the correct probate forms.
4. File an application for probate promptly (some actions or distributions without probate can create problems later).
5. If the original is withheld, ask the court to issue a subpoena or an order to produce the will; alternatively, seek admittance of a copy after proving loss and contents.
6. Consider hiring a Texas probate attorney—especially if the other person resists court orders, or if estate assets are significant or contested.

For the statutory framework and procedures the court follows when admitting wills, see Texas Estates Code, Chapter 256: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.256.htm.

Helpful Hints

• Keep communications written when possible. Save texts, emails, and letters that refer to the will or its location.
• Make a polite but firm written demand for the original and set a reasonable deadline. Use certified mail if you need proof of delivery.
• Gather any copies or drafts of the will, witness names, and evidence of the testators signature or intent. These items strengthen a lost‑will petition.
• Contact the county probate clerk where your father lived and ask about local filing steps for probate or for a lost will procedure.
• Consider an informal probate hearing if the will and facts are straightforward; if the other party resists, expect a formal hearing where the court may subpoena witnesses or documents.
• If the estate is small and there are no creditors, admission of the will as a muniment of title may be quicker — but the court still needs proof if the original is missing.
• Dont attempt to recover the will by threats or self-help. Use the court process to avoid worsening the situation or creating legal exposure for yourself.
• If the step‑sister claims the original is lost or destroyed, ask for a full explanation and any supporting evidence; if she claims the will was revoked, the court will need clear evidence of revocation.
• Hiring a probate attorney can save time and reduce mistakes. An attorney can file the proper pleadings, request subpoenas, and argue for admission of a copy if appropriate.