Disclaimer: This article explains Missouri probate procedures and common options when an original will is being withheld. It is educational only and not legal advice. For help specific to your situation, consult a licensed Missouri attorney.
Detailed answer
If a person who has an original last will and testament refuses to hand it over, Missouri law and court procedure provide routes you can use to get the will before the probate court or to ask the court to admit a copy. The main practical steps are: request production, preserve evidence, try to compel the original, and—if necessary—ask the court to admit a copy of the will or open an action for concealment.
1) Confirm who has the original and document your requests
Start by making a written, dated request for the original will from the person who has it. Keep copies of letters, text messages, emails, and any proof of delivery. Courts like to see good-faith efforts to obtain the document before you file.
2) Try informal resolution first
Ask the holder to file the original will with the county probate court where your father lived or to allow a neutral person (attorney or court clerk) to pick it up. Explain that Missouri procedure typically requires the original will in order to issue probate letters (though the court can receive a copy in certain circumstances).
3) File a probate petition even if you only have a copy
If the holder refuses to produce the original, you can still start the probate process by filing a petition to probate the will in the appropriate Missouri probate court. If you only have a copy, the petition should explain where the original is believed to be and the facts showing why the original is unavailable. Missouri courts can admit a copy of a will if the original is lost, destroyed, or wrongfully withheld and you present sufficient proof of the will’s execution and contents.
See Missouri statutory guidance on probate and wills at the Missouri Revisor of Statutes:
4) Ask the court to order production or to proceed with a copy
When you file the petition, you can also ask the court to issue an order requiring the person to deliver the original will. If the holder fails to comply, the court can take actions ranging from admitting a copy after a hearing to sanctions for contempt, depending on the facts. The court will give notice to interested parties and hold a hearing where you must prove the will’s validity (execution, witnesses, and that the original is missing or wrongfully withheld).
5) Evidence and how the court evaluates a copy
If you seek admission of a copy, the stronger your evidence, the better your chance. Useful evidence includes:
- A clear copy of the will.
- Testimony or affidavits from the will’s witnesses (if available) that they saw the decedent sign the original will.
- Affidavits or other proof that the original was in the holder’s possession and is now missing or being withheld.
- Communications showing the holder admitted possession but refused production.
6) Remedies if the holder intentionally conceals or destroys the will
If the holder destroyed, altered, or wrongfully concealed the original, the court can consider that behavior when deciding whether to admit a copy. In some circumstances, wrongful acts may support awarding attorneys’ fees, costs, or other sanctions against the withholding party. If you suspect criminal conduct (destruction of a will, tampering), you may also refer the matter to local law enforcement or the prosecutor—but you should consult an attorney before pursuing criminal claims.
7) When to get a lawyer
Probate involving withheld or missing wills is often contested and can be fact-intensive. If the holder refuses to cooperate, if family relationships are hostile, or if substantial assets are involved, a probate attorney can prepare the petition, gather admissible evidence, draft witness affidavits, request court orders to produce documents, and represent you at hearings. A lawyer can also advise whether a civil action (for conversion or concealment) or a criminal referral is appropriate.
Helpful hints
- Keep written records of all requests for the original will (date, method, recipient, and response).
- Make and keep a clear photocopy or scanned copy of the will if you already have one; label it as a copy and note when you received it.
- Locate other supporting documents: witness contact information, attorney who drafted the will, draft versions, or emails discussing the will’s terms.
- File in the probate court of the county where your father lived at death. The court clerk can provide forms and filing requirements.
- When you file, ask the court for an order that requires production of the original or for a hearing to admit a copy; courts will notify interested persons so the matter can be resolved formally.
- Consider a mediator or family meeting if the relationship allows; sometimes a neutral conversation prevents costly litigation.
- If you plan to involve law enforcement for suspected criminal tampering, consult a lawyer first so communications and evidence are handled correctly.
- Act promptly: delays can complicate evidence collection and testimony availability.
For text of Missouri statutes about wills and probate, see the Missouri Revisor of Statutes chapters linked above. For forms and local filing rules, contact the probate division of the county circuit court where your father lived.
If you want, provide the county where your father lived and whether you have a copy of the will; I can outline the typical filings and notice steps for that county and whether you likely can proceed with a copy under Missouri practice.