Quick answer

If someone is holding your father’s original will and refuses to hand it over, you can still ask the Arkansas probate court to open probate and admit a copy or to order the original produced. Start by gathering all evidence of the will (copies, witness names, communications). Then either (1) send a written demand and try to resolve it, or (2) file a petition with the local circuit court (probate matters are handled by circuit courts in Arkansas) to probate the will, to compel production, or to request instructions and temporary relief. If the original is unavailable because it is lost, destroyed, or wrongfully withheld, the court has procedures to admit a copy if you prove the will’s contents and execution. This article explains the typical steps and options under Arkansas law and practical next steps.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For advice about your particular situation, consult a licensed Arkansas attorney.

Why the original matters

Courts prefer the original testamentary document because it provides the strongest evidence of the testator’s intent and execution (signatures, witness marks, notarization). If the original is missing or withheld, a probate court can still act, but the person asking the court to admit a copy or to proceed without the original must satisfy the court’s requirements for proving the will.

How Arkansas courts handle a withheld or missing original

In Arkansas, probate matters are handled in state circuit courts. If an original will cannot be presented because someone refuses to deliver it, you generally have three procedural paths:

1. Negotiate and demand delivery:

   Send a signed, dated written demand asking the holder to deliver the original will to you or to the probate court by a specific deadline. Keep a copy of the letter and send it by certified mail or other traceable method. If you can resolve matters informally, you avoid court costs and delay.

2. File a petition to probate the will (with or without the original):

   Bring a probate petition in the county where your father lived when he died. If you have the original, file it with the petition. If you only have a copy or the original is being withheld, file the petition explaining the situation and attach any available copies, affidavits from witnesses, and supporting documents. The court will set a hearing and provide notice to interested parties. At the hearing you must prove the will’s validity and explain why the original is unavailable. If the court finds sufficient proof, it may admit a copy or allow probate without the original.

3. Seek an order to produce the original or take possession:

   If someone refuses to hand over the original, you can ask the court for an order compelling production. You may also ask for interim relief—for example, a protective order directing the holder to deliver the original to the court clerk or to escrow the will with the court—if you fear destruction or concealment. If the holder still refuses, the court can use contempt powers or other enforcement mechanisms.

Typical evidence the court will want

• Any signed copy of the will (paper or a certified copy).
• Names and, if available, affidavits or testimony from the witnesses who attested to the will at signing.
• Evidence showing the testator’s intent and execution (photos, drafts, emails, drafts, attorney communications, or notarization records).
• Communications showing the holder has the original (texts, emails, written admissions, or proof of custody).
• Evidence the original was lost, destroyed, or wrongfully withheld (statements from the holder or others, timeline of custody).

Practical step‑by‑step process

1. Collect evidence — Gather every copy of the will, witness names and contact details, emails or letters about the will, and any instructions your father left.
2. Send a written demand — Draft a formal demand for the original. Send by certified mail and save proof of delivery. Set a reasonable deadline (for example, 10–14 days).
3. Contact the probate court clerk — Ask the clerk in the circuit court where your father lived how to file a probate petition and what forms they require. Arkansas circuit courts handle probate; court staff can explain filing fees and local notices. See Arkansas Courts: https://www.arcourts.gov/
4. File a petition — If the holder refuses, file to probate the copy and explain why the original is unavailable. Request any temporary orders needed to protect the estate or the document.
5. Serve notice — The court will require notice to interested parties (heirs, beneficiaries). Proper service gives the court authority to act and gives others the chance to contest.
6. Attend the hearing and present evidence — Bring witnesses, affidavits, and copies of the will. Be prepared to show by clear and convincing evidence (or whatever the court requires) that the copy reflects the decedent’s will and that the original cannot be produced.
7. If necessary, seek enforcement — If the court orders production and the holder still refuses, you can ask the court to hold that person in contempt or pursue other civil remedies (for example, a petition for injunctive relief or for recovery of personal property). You may also consider claims for conversion if someone wrongfully took the original.

Where the law lives and where to look

Arkansas probate statutes and local circuit court rules govern procedure. The Arkansas General Assembly publishes the state code and legislative materials; the state judiciary publishes rules and court information. Useful resources:

• Arkansas Judiciary: general court information and contact details — https://www.arcourts.gov/
• Arkansas General Assembly (Arkansas Code) — https://www.arkleg.state.ar.us/

When to call an attorney

Consider hiring an Arkansas probate attorney if any of the following apply:

• The holder refuses to cooperate after a written demand.
• The holder threatens to destroy or alter the will.
• Multiple heirs dispute who controls the estate or the will’s validity.
• The matter involves significant assets, real estate, business interests, or tax complications.

Possible defenses the holder might raise

The person holding the original may claim they are the rightful custodian, that they found the will, or that the original was lawfully theirs to keep. They may also claim the will is invalid (lack of capacity, undue influence, improper execution). You should expect the court to consider those claims and be prepared with evidence rebutting them.

Time considerations

Start promptly. Arkansas has timelines for probate and creditor claims; delaying can complicate matters. Even if a will is later admitted, delays can lead to disputes, lost assets, or claims by creditors. Contact the local circuit court clerk for timing and notice rules.

Helpful hints

• Keep a careful paper trail: copies of the will, demand letters, certified mail receipts, and records of phone calls.
• Get witness affidavits quickly—memories fade and witnesses can move or die.
• Ask the court to take custody of the original if you fear it may be destroyed.
• If the holder claims the original was lost or destroyed, ask for a signed statement explaining how and when that happened.
• Don’t attempt to seize the original yourself. That can create civil or criminal problems and may hurt your case in court.
• Consider mediation if all parties are willing; it can be faster and cheaper than contested litigation.
• Consult a probate attorney early for guidance on evidence, petitions, and local practice.

If you want, I can outline a sample demand letter, list the typical documents to file in an Arkansas probate petition, or suggest questions to ask a probate attorney.