Short answer

If the holder of the original will refuses to deliver it, you can still begin probate in North Dakota. First try a written demand and informal resolution. If that fails, file a petition in the district court in the county where your father lived to probate the will or to compel production. North Dakota law allows courts to admit a copy of a will or require production of the original if you provide evidence explaining why the original is unavailable. You may use witness affidavits, a self‑proved copy, or seek court‑issued subpoenas or orders to obtain the original.

Detailed answer — step by step under North Dakota law

1. Confirm basic facts and gather documents

• Confirm your father’s domicile (county in North Dakota) and get his death certificate. The district court in the decedent’s county has probate jurisdiction.
• Collect every copy or draft of the will you can find (photocopies, scanned emails, draft versions). Locate any signed affidavits that make the will “self‑proved” (common in many wills).
• Identify witnesses who signed or saw the will executed and any notary who notarized it.

2. Try an initial demand and document the refusal

Send a written demand for the original to the holder (your step‑sister). Use certified mail with return receipt and keep a copy. In the letter, ask for a deadline to deliver the original. If she refuses or ignores the demand, that refusal becomes important evidence for the court.

3. Understand what North Dakota law generally requires

North Dakota’s probate statutes govern where and how wills are admitted and how personal representatives are appointed. The district court will want either the original will or satisfactory evidence about the will’s validity and why the original is unavailable. You can begin learning about North Dakota probate procedures on the North Dakota Courts site (Probate info):
https://www.ndcourts.gov/legal-resources/probate
and consult the North Dakota Century Code (Probate title) at:
https://www.legis.nd.gov/cencode/t30-1.

4. File a petition with the district court — two common approaches

Either (A) petition to probate the will (if you can produce the original or a sufficient explanation for its absence), or (B) if the original is withheld, petition to admit a copy and request the court to order production of the original and/or to authorize subpoenas.

A. Petition to probate with a copy

• If you have only a copy, file a petition to admit the copy to probate and attach the copy, any witness affidavits, and an explanation for the original’s nonproduction (for example, statement that holder refuses to deliver).
• The court will require notice to interested persons (heirs, beneficiaries, potential heirs) and may schedule a hearing. At hearing, the proponent must prove the will was validly executed and that the original is unavailable through no fault of the proponent.

B. Petition to compel production / motion for subpoena

• After you open a probate file (or as part of your petition), ask the court to issue a subpoena or an order compelling the step‑sister to produce the original will. If she still refuses, the court may hold her in contempt or impose other remedies if it finds she unlawfully withheld a document needed for probate.
• The court can also order that the copy be admitted temporarily or that a hearing determine whether the copy should be admitted permanently.

5. Evidence that helps admit a copy (or prove the will without the original)

• Affidavits from the attesting witnesses who saw the decedent sign the will or who signed the will themselves (if alive).
• Any “self‑proving” affidavit attached to the will at signing (if present, that makes probate easier).
• Copies of the will, drafts, emails discussing the will, or testimony showing the will’s contents and signatures.
• Documentation and proof of your written demand and the step‑sister’s refusal to produce the original (certified mail return receipt, email responses, etc.).

6. What the court may do

• Admit the copy to probate if it is satisfied of authenticity and proper execution despite the missing original, especially when nonproduction is explained and witness testimony supports validity.
• Order the step‑sister to produce the original or appear with it under subpoena; if she disobeys, the court may impose sanctions or find contempt.
• If the court finds the original was intentionally destroyed to defeat the will, it may draw an adverse inference and still admit reliable evidence of the will’s terms.

7. Consider additional remedies

• Ask for temporary relief: appointment of a neutral personal representative (conservator), or temporary orders to protect estate assets while the dispute is resolved.
• Consider a civil action to recover possession of the original or to pursue damages if the original was intentionally destroyed or concealed.
• If you suspect criminal conduct (e.g., theft or intentional destruction), you may report it to law enforcement, but criminal outcomes are separate from probate remedies.

8. When to get an attorney

If the holder refuses to cooperate, or if estate assets are significant or contested, hire a North Dakota attorney experienced in probate litigation. An attorney can draft the petition, gather admissible evidence, obtain subpoenas, and represent you at hearings. If cost is a concern, some probate attorneys offer limited‑scope services or initial consultations to explain options.

Key North Dakota resources

• North Dakota Courts — Probate resources and forms: https://www.ndcourts.gov/legal-resources/probate
• North Dakota Century Code (Probate/Uniform Probate Code provisions): https://www.legis.nd.gov/cencode/t30-1

Helpful Hints

1. Keep records: save all copies of the will, emails, text messages, and evidence of your written demand and any refusal.
2. Locate witnesses: find anyone who saw the will signed or the notary who acknowledged it — their affidavits are powerful.
3. Act promptly: probate deadlines and the risk of wasted estate assets increase with delay.
4. Use certified mail: send a firm demand for the original by certified mail and keep the receipt; courts like documented attempts at resolution.
5. Don’t resort to self‑help: do not try to seize or forcibly take the document; that can create legal problems for you. Let the court handle compulsion and subpoenas.
6. Consider mediation: if relationships are salvageable, a mediated agreement to deliver the will or to resolve distribution may avoid lengthy litigation.
7. Talk to a probate attorney: even a short consult helps you understand likely outcomes and whether an emergency filing is appropriate.
8. Be ready for a hearing: prepare witness affidavits and a clear account of why the original is unavailable and why the copy should be admitted.