FAQ: How can I get my dad’s will filed in court when my step-sister refuses to submit the original?

Short answer: In Ohio you do not have to accept refusal. Start by asking for the original in writing, then contact the probate court and either (1) seek an order compelling production or a subpoena, or (2) file a petition to admit a copy or to probate a lost or destroyed will if the original cannot be produced. If the original is at risk of being hidden or destroyed you may also ask the court for emergency relief. This is a general explanation—not legal advice.

Disclaimer: I am not a lawyer. This information explains Ohio procedure and options but is not legal advice. For help tailored to your situation, contact a licensed Ohio probate attorney or your local probate court.

1. Who should file the will in Ohio?

Any interested person can deliver a deceased person’s will to the probate court in the county where the decedent lived when they died. Typical filers include the named executor/personal representative, a beneficiary, or another close relative. If the person who physically holds the original refuses to deliver it, the court still has tools to get it into the record.

2. What immediate steps should I take?

1. Document everything. Send a written demand (certified mail, return receipt) to your step-sister asking her to deliver the original will to the probate court (include date and county). Keep copies of letters, emails, texts, and your proof of mailing.
2. Talk to the probate court clerk. Call the clerk in the county where your father lived and explain the situation. Clerks will explain filing procedures and may point you to local forms and whether you can request an expedited or emergency filing.
3. Try to preserve evidence. If you suspect the original might be destroyed, hidden, or removed out of state, note that when you speak with the clerk or an attorney—there are emergency remedies available.

3. Court options when the holder refuses to produce the original

Ohio courts have several tools you can use:

• Subpoena / Motion to Compel Production: File a petition in probate court asking the judge to order the person who has the will to produce it (or to appear and explain why they won’t). Courts can issue subpoenas or orders compelling production. Failure to comply with a valid court order can lead to contempt sanctions.
• Petition to Probate a Copy or for Lost Will Admission: If the original cannot be located or the holder refuses to give it up, you can ask the court to admit a copy of the will or to probate the will even though the original is not presented—if you can prove the will’s contents and that the original was executed properly. Ohio law addresses admission of wills and the circumstances under which copies or lost/destroyed wills may be admitted. See Ohio Revised Code Title 21 (Wills) for governing provisions: https://codes.ohio.gov/ohio-revised-code/title-21.
• Temporary or Emergency Relief: If you have reason to believe the original will is at immediate risk of destruction or concealment, you can ask the probate court for emergency relief (for example, a temporary order requiring production or safeguarding of property).
• Civil Remedies: In some cases you can bring a separate civil action (replevin, conversion, or declaratory judgment) to recover the original or to declare your rights. These remedies run in parallel with probate procedures and may be appropriate depending on facts.

4. What evidence will the court want if the original isn’t produced?

The court will want proof that the decedent executed the document as a will and proof of its contents. Helpful items include:

• A signed, dated copy of the will.
• Affidavits from attesting witnesses (people who saw the testator sign the will) or testimony from witnesses who can confirm the will’s execution.
• Evidence showing the decedent’s signature and intent (previous drafts, attorney’s file, emails discussing the will).
• Proof of the decedent’s death (death certificate).
• Documentation of your demand and the other person’s refusal or failure to produce the original (certified mail receipt, screenshots of communications).

5. Typical timeline and costs

Timelines vary. Simple admissions of an original will can be quick; contested matters (motions to compel, hearings on lost wills) can take months. Court filing fees, process server or sheriff fees, and attorney fees can apply. If you expect a dispute, consult a probate attorney early so you understand likely costs and timelines in your county.

6. Practical checklist — what to do next

1. Send a written demand to your step-sister asking for the original and keep proof of delivery.
2. Obtain multiple certified copies of the death certificate.
3. Collect any copy of the will, drafts, or communications about the will and contact information for witnesses.
4. Call the probate court clerk in the county where your father lived and ask about filing a petition to probate a will and local forms.
5. Consider hiring a probate attorney if the step-sister refuses or if the matter becomes contested.

7. When to hire an attorney

If the holder refuses to cooperate, if there is a strong chance the original will will be hidden or destroyed, or if family relations are contentious, hire an Ohio probate attorney. An attorney can file the necessary petitions, obtain subpoenas, seek emergency orders, and represent you at hearings.

8. Helpful resources

• Ohio Revised Code — Title 21 (Wills): https://codes.ohio.gov/ohio-revised-code/title-21
• County probate court clerk (call the clerk where your father lived for local filing requirements)
• Ohio State Bar Association / local lawyer referral services for finding a probate attorney in your county

Final takeaway

Your step-sister’s refusal to produce the original will does not permanently block probate. Ohio probate courts can compel production, admit copies with proper proof, or handle lost/destroyed will issues. Preserve evidence, contact the probate clerk, and consult a probate attorney promptly if the holder refuses or the situation looks likely to become contested.