Detailed Answer — How to get a deceased person’s will filed when a family member refuses to produce the original (Rhode Island)
Short answer: In Rhode Island you generally must present the original will to the probate court to have it admitted. If a family member (for example, a step‑sister) refuses to deliver the original, you have several legal options: ask the probate court to compel production (subpoena/order to show cause), file the copy of the will with supporting affidavits and ask the court to admit the copy, or bring a separate civil claim to recover the original. Each option has procedural requirements and evidentiary consequences, so you should act promptly and consider local probate rules and an attorney.
How Rhode Island law treats original wills
Rhode Island probates wills through the state Probate Courts. The court prefers an original signed document for probate. If the original cannot be produced, Rhode Island law and probate procedure allow the court to consider a properly proved copy under certain circumstances, but you typically must explain the original’s absence and provide evidence of the will’s authenticity. For general information on Rhode Island probate court practice, see the Rhode Island Judiciary Probate Court page: courts.ri.gov — Probate Court. For statutory provisions governing wills and probate, consult Title 33 of the Rhode Island General Laws: rilegislature.gov — Statutes.
Step-by-step practical approach
- Identify the correct probate court. File in the probate court for the county where your father was domiciled when he died. The probate court’s website above has contact details and local office information.
- Try an informal demand first. Send a written, dated request to your step‑sister asking her to deliver the original will to the probate court or to you within a short deadline. Keep a copy of the letter and proof of delivery (certified mail or email with read receipt). A polite but clear written demand is useful evidence if you later ask the court to compel production.
- Prepare to file the probate petition. If you have the original, take it to the probate court with the death certificate and a completed petition for probate. If you only have a copy or believe the step‑sister has the original, the petition should note the original is unavailable and request the court’s help or permission to admit a copy.
- Ask the probate court to subpoena the original. Probate courts can issue subpoenas or orders requiring a person to produce documents. You can file a motion or petition asking the probate judge to issue a subpoena duces tecum or an order to show cause directing your step‑sister to bring the original will to court. If she disobeys a valid court order, she may face contempt sanctions.
- If the original cannot be produced, offer alternative evidence. File the copy of the will along with affidavits from the witnesses who saw your father sign (if available), attesting that they witnessed the signing, and affidavits explaining the original’s absence (for example, a statement that the step‑sister admitted she took it). The court will weigh authenticity and any claim that the original was revoked.
- Consider a civil action to recover the original. If the step‑sister refuses to comply with subpoenas or refuses to hand over the original, you may bring a separate lawsuit seeking recovery of the document (replevin or conversion) or an action to compel delivery. The probate court could still exercise jurisdiction over admission of copies, but a civil action can be another route to retrieve the original.
- Preserve other evidence. Save all communications, copies of the will, earlier drafts, witnesses’ contact information, and any proof of possession. These materials strengthen a petition to admit a copy or a motion to compel production.
What the court will want to know
- Was the will properly executed (signed and witnessed)?
- Where is the original and why is it unavailable?
- Is there credible evidence the copy accurately reflects the original?
- Did anyone attempt to destroy or hide the original to defeat probate?
Possible procedural outcomes
- The court orders the person to produce the original. Failure to obey can lead to contempt.
- The court admits a copy of the will if the original cannot be produced but the copy is adequately proved.
- The court refuses to admit any will if authenticity cannot be established; intestate succession rules then control distribution.
- A civil suit forces turnover of the original document or results in damages if the document was improperly withheld or destroyed.
Evidence that strengthens a petition to admit a copy or compel production
- Affidavits from witnesses who saw the will executed.
- Copies or photographs of the original will.
- Emails, texts, or letters referencing the will’s contents or showing the decedent’s intent.
- Proof the step‑sister has possession (messages, admissions, or witnesses).
- The death certificate and any documents that corroborate the identity of the testator and date of death.
Timing and urgency
Act promptly. Delays can make proof harder (witnesses move or memories fade), and the probate court may be less willing to admit a copy if long unexplained delay occurred. Different claims have different statutes of limitation; the probate process itself has procedures and timelines set by Rhode Island law and local court rules.
When to consult an attorney
Contact an attorney if any of the following apply: the step‑sister still refuses to cooperate after court requests; the will’s validity is disputed; significant assets are involved; or you need to file a civil suit to recover the document. An attorney can prepare subpoenas, affidavits, motions, and (if necessary) a lawsuit for replevin or conversion or litigate for contempt sanctions.
Where to get Rhode Island forms and local rules
Probate forms and local rules are available through the Rhode Island Judiciary site. For forms and procedural guidance see: Probate forms — courts.ri.gov. For the statutes that govern wills and estate administration, consult the Rhode Island General Laws on the legislature’s website: rilegislature.gov — Statutes. If you plan to petition the court to admit a copy, review the statutory provisions and local probate rules or consult an attorney for statutory citations that apply to your situation.
Summary
You are not without options if a family member refuses to hand over your father’s original will. Start with a written demand, prepare to file a probate petition explaining the original’s absence, ask the probate court to subpoena or compel production, and be ready to offer supporting affidavits and copies. If necessary, pursue a civil action to recover the document. Because procedures and evidence rules matter, consider consulting a probate attorney to protect your rights and to navigate Rhode Island’s probate process efficiently.
Disclaimer: This information is educational only and not legal advice. It does not create an attorney‑client relationship. For advice tailored to your particular facts in Rhode Island, consult a licensed Rhode Island attorney.