Detailed answer — how to get a will filed in New York when the original is being withheld

Short answer: Start by searching for the original and making a written demand. If the custodian still refuses, file a petition in the Surrogate’s Court where your father lived asking the court to probate the will and to compel production of the original (or, if the original cannot be produced, to accept secondary evidence or to probate a lost will). The court has tools to require delivery, allow proof of a lost will, and to appoint someone to act for the estate while the dispute is resolved.

Step 1 — Look for the original document and preserve evidence

• Check the decedent’s papers, safe‑deposit boxes, attorney files, bank safe storage, or a home safe. Ask any attorney who represented your father. Speak with banks and the Surrogate’s Court clerk to learn who often holds wills in that county.
• If your step‑sister claims she has the original, send a formal written demand by certified mail asking for delivery. Keep copies of all communications, and note dates, times, and witnesses to any conversations.

Step 2 — File a probate petition in Surrogate’s Court

Under New York procedure, the usual next step is to file a petition for probate of the will and for appointment of the named executor in the Surrogate’s Court in the county where your father lived. Surrogate’s Courts handle wills and estate administration in New York; see the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers & Trusts Law (EPTL) for the governing rules: SCPA (New York Consolidated Laws) and EPTL (New York Consolidated Laws).

When you file, the court normally expects the original will to be presented. If the person who has possession refuses to hand it over, you can still open a probate proceeding and ask the court to act to obtain the document.

Step 3 — Ask the court to compel production

• Serve the petition and a court‑issued citation or subpoena on the person who is withholding the will. The Surrogate’s Court can order that the original document be produced to the court or to the petitioner.
• If the custodian disobeys a court order to produce the will, the court can impose remedies including contempt or other sanctions. The court has authority to enforce its orders in probate matters; the SCPA governs many of these procedures (SCPA).

Step 4 — If the original cannot be produced, request the court accept secondary proof or probate a lost will

New York courts permit probate of a will when the original cannot be located or is being wrongfully withheld if the petitioner offers satisfactory proof of the will’s validity and explains why the original cannot be produced. In practice this typically includes:

• Certified or attested copies of the will (if available).
• Affidavits from the attesting witnesses who saw the decedent sign and can describe the circumstances of execution.
• Evidence showing the person withholding the will had custody or access to the document and is refusing to produce it.
• Secondary evidence such as earlier drafts, emails, or correspondence with the decedent that corroborate the will’s contents and execution.

The court weighs this evidence and decides whether to probate the will even without the original. If you suspect the will was destroyed or altered, the court may resolve questions about authenticity or intent before admitting a copy to probate. See the SCPA and EPTL for the general probate framework: SCPA, EPTL.

Step 5 — If estate administration is urgent, request temporary letters or an administrator

If bills, taxes, or property require immediate attention, you can ask the Surrogate’s Court for interim relief. The court can issue limited letters of administration to someone (often a spouse, child, or other close kin) so they can preserve assets while the probate dispute is resolved. The Surrogate’s Court handles emergency and provisional authority in estate matters under the SCPA.

Practical enforcement options and other legal claims

• Court orders and subpoenas: A Surrogate’s Court order to produce the will is enforceable. If the custodian disobeys, the court can find them in contempt.
• Civil causes of action: In some cases you may have civil claims (for example, conversion or interference with an estate) against someone who knowingly withholds a will. Discuss this with an attorney before filing a separate lawsuit.
• Criminal referrals: A will that is purposely destroyed or concealed to defeat disposition might implicate state criminal laws; a prosecutor could investigate in extreme cases.

Who should file the petition?

Typically an executor named in the will, a beneficiary under the will, or a next‑of‑kin may open the probate proceeding. If no executor is named or the named executor refuses to act, an interested party can petition the court for administration.

When to hire an attorney

If the custodian refuses to deliver the original or the facts are disputed, consider hiring a New York probate/estate attorney. An attorney can prepare the petition, gather evidence, obtain subpoenas, handle contested hearings, and ask the court for remedies such as contempt or interim letters. If cost is a concern, talk with the Surrogate’s Court clerk about filing steps and local resources; some counties offer self‑help materials.

Where to file and where to look for statutes

File the probate petition in the Surrogate’s Court of the county in which your father lived at his death. New York statutes and the Surrogate’s Court procedures can be read at the New York State legislative website: Surrogate’s Court Procedure Act (SCPA) and Estates, Powers & Trusts Law (EPTL).

Note: This answer gives the commonly applicable steps in New York but is not exhaustive. Surrogate’s Court rules and local practice vary by county, and specific case law may affect how courts treat withheld or lost wills.

Helpful Hints

• Document everything: Keep copies of demands, correspondence, dates and witness names. Courts value a clear record of attempts to recover the original.
• Get witness affidavits: Locate and get signed affidavits from the will’s attesting witnesses describing the signing and the document they saw.
• Preserve copies: Collect any photocopies, scanned copies, emails referencing the will, drafts, or instructions left by your father. These help if you must prove the will’s contents without the original.
• Use certified mail: Send written demands to the person with possession by certified mail/return receipt so you have proof of the request and any refusal.
• Ask the Surrogate’s Court clerk for guidance on filing forms and fees in your county; each county may have local rules about how to present petitions, copies, and filing fees.
• Consider negotiation or mediation: If family relationships allow, try a mediated resolution before court—this can be faster and less costly.
• Act promptly: Delay can make evidence disappear, claims lapse, or lead to chaotic administration of the estate. If bills or assets need protection, ask the court for temporary authority while matters are sorted out.
• Consult counsel: If the other party is uncooperative, a lawyer familiar with New York probate can file the correct petition, request subpoenas, and represent you at contested hearings.