Detailed Answer

When someone dies in Utah, the person who has the decedent’s original will normally takes it to the district court in the county where the decedent lived and asks the court to admit it to probate. If a relative (for example, a step‑sister) is refusing to turn over the original will, you have several practical and legal steps you can take to get the estate administered properly.

1) Gather evidence and try a written demand first

Start by documenting what you know: whether you actually saw the original will, whether there is a signed copy, who last had custody of the will, and any communications where the holder refuses to produce it. Make a clear, written request (email or certified mail) asking for delivery of the original will and keep copies. Courts favor parties that make reasonable attempts to resolve disputes before asking for court action.

2) Check likely locations and third parties

Look for the will in typical places: the decedent’s papers, lawyer’s office, safe deposit box, bank, or other attorney who might have prepared it. If the will was prepared by a lawyer, that lawyer may have the original or file copies and can provide information about execution and witnesses.

3) File a petition with the district court to open probate

If you are the person entitled to file (often a nominated personal representative/executor or an interested heir), file the petition to probate the will in the district court where the decedent lived. Utah Courts maintains how‑to information and forms for opening probate: https://www.utcourts.gov/howto/probate/.

4) If the original is withheld, ask the court to compel production or to admit a copy

If the person who has the original refuses to give it to the petitioner, you can ask the court to issue process (a subpoena) commanding production of the will and appear at a hearing. If the original cannot be produced because it’s lost or is being wrongfully withheld, Utah law and the probate practice allow the court to consider admitting a copy or other evidence of the will’s contents. You will need to provide evidence that the will was validly executed and not revoked.

To accomplish this, the court may require:

• Testimony or affidavits from the witnesses who signed the will (attesting to its execution and that the decedent intended the document as a will).
• A properly authenticated copy of the will (for example, a photocopy or draft) and proof that the original was not found among the decedent’s belongings.
• Evidence showing the will was in the decedent’s possession or control and that its absence is not due to a deliberate revocation by the decedent.

5) Court powers and remedies

The court can order the person who has the original to produce it and can sanction refusal (for example, contempt or monetary sanctions). If the original remains withheld, the court can hold a hearing and decide whether to admit a copy based on the evidence. If the holder destroyed or fraudulently altered the will, separate civil claims (for conversion, fraud, or equitable relief) or criminal charges could apply, depending on the facts and the prosecutor’s view.

6) Timing and practical concerns

Act promptly. Opening probate sooner rather than later protects estate assets, lets you notify creditors and beneficiaries, and avoids complications if property transfers are pending. If estate property is at risk (bank accounts frozen, real property at risk of sale, or bills overdue), ask the court for temporary relief or an emergency hearing.

Helpful Utah resources

• Utah Courts – Probate how‑to and forms: https://www.utcourts.gov/howto/probate/
• Utah Legislature – laws on probate and estates (Title 75 is Utah’s probate/estate statutes): https://le.utah.gov/xcode/Title75/75.html
• Utah Courts – general rules and resources for subpoenas and civil procedures: https://www.utcourts.gov/resources/rules/

Bottom line: If your step‑sister refuses to produce the original will, document your attempts to get it, search other likely custodians, and file a petition with the district court to open probate. Ask the court to compel production of the original through process, and if the original is unavailable, present evidence (witness affidavits, copies) so the court can decide whether to admit a copy to probate. A probate attorney can help prepare the petition, subpoenas, and evidentiary showing the court will require.

Important: This article explains general steps and resources under Utah practice. It is not legal advice. For help with filings, court appearances, or complex disputes about withheld wills, consult a licensed Utah attorney.

Helpful Hints

• Keep written records of every request for the original will, including dates and how you asked (text, email, certified letter).
• Obtain and preserve any copies of the will you can find (photocopies, scanned copies, drafts, or letters referencing the will).
• Identify and contact the attorney who prepared the will (if known) — that attorney may have a copy or testimony about execution.
• Locate witnesses who signed or saw the will executed and ask them to provide affidavits or be available to testify.
• If assets are at risk, ask the court for an expedited or emergency hearing when you file the probate petition.
• Consider contacting the local probate court clerk or self‑help center for procedural guidance and forms before filing.
• If the holder of the will is deliberately hiding or destroyed it, preserve communications and consider discussing possible civil remedies or reporting to law enforcement if theft is suspected.
• Consult a Utah probate attorney early if the situation involves contested claims, allegations of wrongdoing, or complicated assets (real estate, businesses, or out‑of‑state property).

For court forms and step‑by‑step probate instructions in Utah, start at: https://www.utcourts.gov/howto/probate/