Short answer

Yes. In Minnesota you can start probate even if the original will is being withheld. You have several paths: (1) ask the court to order the holder to produce the original (subpoena or court order); (2) ask the court to admit a copy or other secondary evidence when the original cannot be produced; or (3) bring a civil action (for example, to recover the document). Which route is best depends on the facts: who has the original, whether you can prove the will’s terms and due execution, and whether the holder is refusing without legal justification.

Detailed answer — step-by-step guide under Minnesota law

1. Confirm where to file probate and gather basic documents

File in the district court for the county where the decedent lived when they died. Typical materials the court needs to start probate include the decedent’s death certificate, the will (if you have it), names and addresses of heirs and devisees, and an inventory of known assets. For general probate rules and forms, see the Minnesota Judicial Branch probate help pages: https://www.mncourts.gov/Help-Topics/Probate.aspx. Minnesota’s probate statutes are organized in Chapter 524 of the Minnesota Statutes: https://www.revisor.mn.gov/statutes/cite/524.

2. Ask the court to compel production of the original will

If your step‑sister is refusing to provide the original will, you can ask the court to order her to produce it. Typical options include:

• Filing a petition in probate court to admit the will and requesting the court to order production of the original.
• Serving a subpoena or a court order requiring the holder to bring the document to court (subpoena duces tecum).
• If she refuses after being ordered, seeking contempt sanctions or other remedies from the court.

Court orders and subpoenas are practical ways to get the document into the court’s possession so the probate can proceed. If the holder claims a legal right to keep the document (for example, if she is the named executor and asserts possession as executor), the court will sort out who has the right to custody and whether the document must be produced for probate.

3. If the original cannot be produced, prove the will by secondary evidence

Minnesota law allows a will to be admitted even if the original is not presented, provided you can prove why the original is unavailable and establish the will’s contents and valid execution. That typically requires credible evidence such as:

• A certified copy or photocopy of the will.
• Testimony or affidavits from attesting witnesses, the drafter (if available), or other witnesses who can confirm the will’s terms and that it was properly executed.
• Evidence that the original was lost, destroyed, or deliberately withheld and that you have exercised reasonable diligence to locate it.

The court will evaluate the credibility and sufficiency of that evidence. If the court is satisfied the document was valid and the original cannot be produced, it may admit the copy or other evidence and proceed with probate.

4. Consider civil remedies to recover the original

If the holder refuses to produce the original and you prefer not to await a probate ruling on secondary evidence, you can pursue civil claims such as replevin (recovery of personal property), conversion, or other equitable remedies to recover possession of the will. A separate motion or action seeking return of the document can be filed in the appropriate court.

5. Practical outcomes the court might reach

• The court orders production and the will is produced and admitted to probate.
• The court admits a copy or secondary evidence because the original cannot be produced after proper proof.
• If the evidence is insufficient, the court may refuse to admit the will and the estate may be administered as if there were no valid will (intestate succession).

Which outcome occurs depends on the proof you present and the circumstances surrounding the original’s non‑production.

What you should do now — a practical checklist

1. Document communications. Save texts, emails, and notes of conversations with the person holding the original.
2. Ask for a voluntary return. Send a written demand for the original and request a deadline for receipt. Keep a copy.
3. Gather copies and corroborating evidence. Look for photocopies, scanned files, drafts, e‑mails discussing the will, or attesting witness contact information.
4. File probate in the proper county. If you want to start administration quickly, file a petition with the district court and include an explanation that the original is withheld.
5. Request the court to issue a subpoena or order to produce the original. If the person ignores a court order, pursue contempt sanctions or a civil recovery action.
6. Consult a probate attorney. An attorney can prepare the petition, draft motions to compel production, and, if needed, file a civil claim to recover the document.

Evidence that helps when the original is missing

Evidence that strengthens your case to admit a copy or compel production includes:

• Attesting witness affidavits stating they saw the decedent sign the will and that the will was executed according to the law.
• Copies of the will or earlier drafts and emails or other communications showing the decedent’s intent.
• Testimony that the holder had the original and has withheld it, or that the original was lost or destroyed.
• Proof of the decedent’s signature and the will’s formalities (attestation clause, notary, signatures of witnesses).

Timing and practical considerations

Start sooner rather than later. Delay can create risk that the document is lost, destroyed, or that assets are mismanaged. Even if you do not yet have the original, you can begin the probate process and ask the court for help resolving the withheld original. Hiring counsel can speed the process and increase your chance of obtaining the original or convincing the court to admit secondary evidence.

Where to find the statutes and court guidance

General Minnesota probate statutes: https://www.revisor.mn.gov/statutes/cite/524

Minnesota Judicial Branch — probate help and forms: https://www.mncourts.gov/Help-Topics/Probate.aspx

Helpful hints

• Keep all communications in writing when possible. Written records help prove requests and refusals.
• Get witness statements early; memories fade and witnesses become unavailable.
• If the holder claims they are the executor and are entitled to possession, the court will evaluate custody — don’t assume their claim is correct.
• Be prepared to show why the original cannot be produced — courts expect evidence of attempts to obtain it.
• Consider limited-scope legal help if cost is a worry: many attorneys offer consults for document retrieval strategies or to draft a demand letter or subpoena.
• Act quickly on assets that may need immediate attention (bank accounts, bills) by asking the court for a temporary administrator if necessary.