Short answer
If a person is refusing to turn over the decedent’s original will, you can still ask the Nevada district court to open probate. Start by demanding the original in writing, search usual storage locations, and, if the original remains unavailable, file a petition to probate the will or to admit a copy (or to compel its production). Nevada law allows courts to admit a will even when the original is not produced, but you will need credible proof of the will’s contents and that it was validly executed. For general statutory guidance see Nevada Revised Statutes, Chapter 133 (Wills): https://www.leg.state.nv.us/NRS/NRS-133.html, and Nevada Courts’ probate self-help resources: https://nvcourts.gov/self_help/probate/.
Disclaimer: This article explains Nevada law in general terms and is not legal advice. Consult a licensed Nevada attorney for advice about your situation.
Detailed answer — what to do, step by step
1. Preserve evidence and look for the original immediately
Search all likely locations (safe deposit boxes, attorney offices, home safe, personal files, bank safety deposit inventory). Collect any copies of the will (photocopies, scanned files, emails, or photos) and gather communications that show the decedent’s intent or that the step-sister had the original (texts, emails, witness statements, receipts for storage, evidence of access).
2. Make a written demand for production
Send a dated, signed letter (certified mail if possible) requesting return or production of the original will. Keep a copy of the letter and proof of delivery. A written demand creates a record that you attempted resolution before asking the court to intervene.
3. Determine the correct court and file a probate petition
File in the Nevada district court for the county where the decedent lived. Typical petitions include:
- Petition for probate of the instrument (if you recovered the original).
- Petition to admit a copy of a will or to determine that a will was executed but the original is lost or withheld.
- Petition for appointment of a personal representative if urgent action is needed to protect assets.
Clerks at each district court can explain local filing procedures; Nevada Courts has probate forms and guidance: https://nvcourts.gov/self_help/probate/.
4. If the original is not produced: how courts handle lost or withheld originals
Under Nevada law the court can admit a will even if the original is not presented, but you must present proof of the will’s validity and contents. Courts typically require:
- Clear and convincing or substantial evidence of the document’s contents and that it was the decedent’s last will.
- Evidence that the will was properly executed (testimony from attesting witnesses, affidavits, or other corroborating proof).
- A showing that the original is lost, destroyed, or in the possession of someone refusing to produce it and that it has not been revoked.
See Nevada Revised Statutes on wills for the statutory framework: NRS Chapter 133. The court’s exact requirements depend on the facts and the judge.
5. Court tools to force production or to protect the estate
If someone withholds the original after you file, the court can, on motion, order production (for example by issuing a subpoena) or impose sanctions for failure to comply with court orders. You may also seek an emergency or temporary personal representative to secure assets if delay would harm the estate. If intentional concealment is suspected, counsel can advise whether to request contempt sanctions or to refer the matter to law enforcement.
6. Expected documents and evidence you will need
- Any copy of the will (photograph, scan, photocopy).
- Contact information and statements from witnesses or the attorney who drafted the will.
- Communications showing the decedent’s intent or the step-sister’s possession of the original.
- Death certificate, list of assets, and identity documents for heirs and beneficiaries.
7. Timing and practical considerations
Act promptly. Probate delays can make asset protection harder and may affect creditors’ claims or statutory deadlines to contest wills. Filing quickly preserves remedies and may prevent lost assets. If the estate may qualify for simplified procedures (small estate rules), those options can be quicker but still require proper documentation.
8. When to get a lawyer
If the other person refuses to cooperate, if assets are at risk, or if the facts are contested, consult a Nevada probate attorney. An attorney can prepare petitions, take sworn testimony, subpoena documents or witnesses, ask the court to compel production, and seek sanctions or protective orders if necessary.
Helpful Hints
- Keep every communication in writing. Save texts, emails, and certified-mail receipts.
- Get and keep copies of any will versions, drafts, or scans you find. Copies help the court determine intent and contents.
- Identify and preserve witness testimony promptly — witnesses’ memories fade and witnesses may move away.
- Check for safe-deposit boxes, attorney files, and bank/financial custodian records quickly — institutions sometimes have procedures to produce a will on death.
- File for temporary personal representative authority if immediate access to assets (bank accounts, property) is necessary to prevent loss.
- Ask the court clerk about local probate forms and filing fees. Many Nevada district courts post forms and instructions online or at the clerk’s office.
- If you suspect theft, tampering, or destruction of the will, preserve evidence and consult an attorney about possible criminal referral.
- Be aware that even if a will is admitted without the original, the court weighs the proof. Strong documentary and witness evidence improves your chance of success.