Quick answer

If someone (for example, a step‑sister) refuses to produce an original will, you can ask the chancery court in the county where the decedent lived to: (1) order production of the will or enforce compliance with a subpoena; (2) admit a copy or other proof of the will’s contents as a lost will; or (3) open a probate case and request relief such as removal of an executor who is withholding the original. You should collect every available piece of evidence about the will (copies, witness names, communications, safe‑deposit records) and file a petition with the court. Because Mississippi probate is fact‑sensitive and procedure matters, talk with a probate attorney right away.

Detailed answer — step by step under Mississippi law

Mississippi handles wills and probate through the chancery courts. The basic approach when an original will is unavailable because a person refuses to produce it is:

1. Identify the correct court and the proper petition. Probate petitions are filed in the chancery court in the county where the decedent was domiciled. Typical filings include a petition to open probate, a petition to admit a copy of a will or to probate a lost will, and motions to compel production or for preliminary relief.
2. Gather all available evidence. The court will want proof of the will’s authenticity and contents. Useful evidence includes:

• a clear photocopy or photograph of the will (if one exists),
• witness names and signed affidavits from the attesting witnesses confirming they saw the decedent sign the will,
• correspondence or emails referencing the will or its terms, drafts, or notes from the decedent,
• testator’s statements of testamentary intent recorded by others,
• bank or safe‑deposit records, and
• evidence that the person withholding the will had possession of it (for example: they were acting as custodian, executor, or had access to the decedent’s papers).

3. Try informal resolution first. Ask for the will in writing and document that request. A documented request can support later claims that someone intentionally concealed or destroyed a will.
4. If informal steps fail, file a petition in chancery court. The petition should:

• explain why the original is not available (e.g., step‑sister refuses to turn it over),
• describe the evidence you have about the will’s existence and contents,
• identify proposed beneficiaries and any named executor, and
• ask the court for specific relief (for example: an order compelling production, admission of a copy, issuance of letters testamentary to the named personal representative, or other relief for misconduct).

5. Use discovery and court process to obtain the original. Mississippi chancery courts can issue subpoenas to compel production of documents and testimony. If someone disobeys a subpoena or court order, the court can hold that person in contempt and impose sanctions. If the person has the original will but refuses to produce it, the court can order its delivery or take other corrective action.
6. If the original cannot be produced, prove the will’s contents by other means. Mississippi courts may admit a copy of a will or allow probate of a lost will if the proponent provides convincing proof of the will’s execution and contents, including attesting witness testimony or other admissible evidence. If the court is not satisfied, it may refuse to probate and the estate could fall to intestacy rules.
7. Consider filing an action for removal or surcharge if the withholder is the executor or fiduciary. If the person withholding the will is also serving as executor or a fiduciary, the court can remove that person for misconduct and impose other remedies.

Keep in mind timing: Mississippi law imposes certain time limits and procedures for opening an estate and for creditors and beneficiaries to act. It is important to move promptly to avoid losing rights or missing notice windows.

For a general reference on Mississippi probate law and the statutory framework governing wills, see the Mississippi Code (Mississippi Code of 1972, Title 91 and related sections) and chancery court practice resources on the Mississippi Legislature and Judiciary sites: Mississippi Legislature — Mississippi Code of 1972 and Mississippi Judiciary. These sources explain statutory provisions and court organization that govern probate filings and procedures.

Common court actions and what they achieve

• Motion to compel production / subpoena duces tecum: Forces a person to produce the document or face contempt.
• Petition to admit a lost or destroyed will: Asks the court to treat a copy or other acceptable evidence as proof of the will’s contents.
• Petition for letters testamentary or administration: Opens the estate and seeks appointment of a personal representative so the estate can be managed whether or not the original will is produced.
• Contempt or sanctions motion: If the court orders production and the person refuses, the court can punish non‑compliance.
• Removal/surcharge action: If a fiduciary is withholding the will, the court can remove that person and order financial remedies.

Practical evidence that helps prove a lost will in Mississippi

Courts prefer the original, but when it is unavailable, the following strengthen your case:

• testimony or sworn affidavits from two attesting witnesses who saw the decedent sign the document,
• a certified copy or photocopy of the will,
• correspondence from the decedent describing the will or its provisions,
• contemporaneous notes or drafts showing the same provisions,
• bank/safe‑deposit logs or inventory showing the document was once stored and who had access, and
• evidence the person withholding the will had custody or control of the decedent’s papers.

What might happen if you cannot prove the lost will

If the court finds insufficient proof of the will’s validity or contents, it may refuse to probate the will. In that case, the decedent’s estate will be distributed under Mississippi’s intestacy laws. That could produce outcomes different from what the decedent intended. Prompt action and good evidence reduce this risk.

When to get an attorney

Probate disputes over withheld wills often include contested hearings, subpoenas, and potential removal of fiduciaries. An attorney experienced in Mississippi probate and chancery practice can:

• prepare and file the correct petition,
• draft subpoenas and requests for production,
• collect and present evidence to the court, and
• advise on possible criminal referrals if someone intentionally destroys or conceals a will.

To find a probate attorney in Mississippi, use the Mississippi Bar referral resources or local county chancery court clerks for procedural information.

Helpful hints

• Act quickly — probate and notice deadlines can limit remedies.
• Document every request you make for the original will in writing — emails and certified letters help establish attempts to resolve the issue.
• Talk to anyone who might have seen the will signed (household members, caregivers, attesting witnesses, the decedent’s lawyer) and get sworn statements when possible.
• Check safe‑deposit boxes, estate planning attorney files, bank records, and home filing locations where wills are commonly kept.
• If the person withholding the will is the named executor, ask the court to consider temporary appointment of an independent personal representative.
• Preserve electronic evidence — text messages, emails, or digital drafts can be strong supporting evidence.
• Be realistic about costs — contested probate matters can be expensive; weigh likely estate value and outcomes before prolonged litigation.