Detailed answer — how the process generally works in Wyoming

This section explains the common steps and legal tools used in Wyoming when someone refuses to deliver an original will. This is a general explanation and not legal advice.

1. Who may start probate?

Under Wyoming practice, any interested person—commonly a named executor, a beneficiary, or an heir—can file a petition in the district court of the county where the decedent lived to open probate of the decedent’s estate. If the named executor is the person refusing to produce the original, another interested person can file instead.

2. If the original will is missing or withheld

Wyoming courts will still address a decedent’s estate when the original will is missing or in another person’s possession. The court can:

• admit a properly proved copy of the will to probate;
• order the person who has the original to produce it for inspection; and
• take steps to protect estate property while the dispute is resolved (for example, appointing a temporary or special personal representative).

To locate the statutes that govern probate in Wyoming, see the Wyoming statutes on decedents’ estates: https://wyoleg.gov/statutes/ (see Title 2, Decedents’ Estates).

3. Practical steps to take right away

1. Preserve evidence and make a written demand. Send a written demand (certified mail with return receipt, and keep copies) asking the holder to deliver the original will to the court or to you. Document any communications, dates, and witnesses.
2. Search for alternatives to the physical original. Check whether the decedent’s lawyer, bank safe-deposit box, or safe-deposit records hold the will. Lawyers who prepared wills often keep copies or original documents.
3. Obtain an attested copy. If you have a clear copy of the will, scan it and gather supporting documents: witness names, drafts, emails, or other proof that show the will’s contents and execution.
4. File a probate petition promptly. File a petition (verified) in the district court to probate the will. Attach the copy and explain that the original is withheld. Ask the court to admit the copy and to order production of the original.
5. Ask the court for temporary protection. If estate property is at risk, request appointment of a temporary or special personal representative so someone can protect assets pending resolution.

4. How the court decides whether to accept a copy

The judge will evaluate whether the copy is credible and whether the decedent executed the document as a valid will. The court may require testimony from attesting witnesses, declarations under penalty of perjury, handwriting or signature comparisons, or other evidence that supports the copy’s authenticity. If the original is known to exist but is being withheld by someone, the court may order that person to produce it or explain why they cannot.

5. Motions and remedies if someone refuses to produce the original

• Motion to compel production / order to show cause. The court can order the holder to appear and produce the document. Failure to comply can lead to sanctions or contempt proceedings.
• Contempt or sanctions. If the holder willfully disobeys a court order, the court has the power to impose sanctions, which can include fines or contempt sanctions to enforce compliance.
• Probate of a copy with findings. If the original cannot be produced, the court can admit a copy as a will after a hearing and appropriate proof, or it can refuse admission if the proof is insufficient.
• Criminal or civil claims. In some situations, withholding an original will could give rise to civil claims (conversion) or, rarely, criminal charges depending on the conduct; consult an attorney about these options.

6. What evidence helps your case?

Examples of helpful evidence include:

• the best available copy of the will (clean photocopy, scanned PDF, or attorney’s file copy);
• testimony from attesting witnesses who saw the decedent sign the will;
• emails, drafts, or notes showing the decedent’s intent and the will’s terms;
• proof of who has had access to the original (for example, the step-sister’s communications or possession history); and
• delivery records (postal receipts, hand-delivery statements) or safe-deposit box records.

7. Timing and notices

Probate deadlines vary. You should file a probate petition without unnecessary delay to protect estate assets and beneficiaries’ rights. The court will require notice to interested persons (heirs and beneficiaries) so they can attend hearings or object.

8. When to get a lawyer

If the holder refuses to cooperate, the case may involve contested hearings, evidence disputes, or enforcement motions. A Wyoming probate attorney can draft the petition, gather admissible evidence, prepare witness declarations, and represent you at hearings. If estate property is at risk or the holder is threatening to destroy or conceal the original, get legal help immediately.

Where to find the statutes and court forms

Wyoming’s statutes and probate rules can be found at the Wyoming Legislature site: https://wyoleg.gov/statutes/. Look for Title 2 (Decedents’ Estates) for statutory probate provisions. Your county district court clerk’s office can provide local probate forms and filing instructions.

Helpful Hints

• Make any demand for the original in writing and keep dated copies and delivery receipts.
• Ask the decedent’s attorney or bank first — attorneys often keep wills or copies.
• Gather witness names and contact information before memories fade.
• File to open probate quickly to stop anyone from dissipating estate assets.
• If you fear the holder may destroy the will, tell the court and ask for an emergency hearing and protective order.
• Keep all communications professional and documented; avoid threats or coercion.
• Consult a probate attorney early if the holder refuses or if the situation is contentious.