FastCounsel

Short answer: You can petition the Vermont Probate Division to admit the will to probate even if the original is not cooperatively produced. If a relative is actively withholding the original, the court has tools — subpoenas, orders to produce, contempt proceedings, and the ability to admit secondary evidence — to resolve the dispute. You should collect documentary evidence, witness statements, and copies of the will and consider seeking a lawyer to file the necessary petitions and motions.

Disclaimer: I am not a lawyer. This information is educational and not legal advice. For help tailored to your situation, consult a Vermont probate attorney.

Detailed answer — how the process works in Vermont

1. Start by confirming jurisdiction and basic procedure:

   Probate is handled by the Vermont Probate Division in the county where the decedent (your dad) was domiciled at death. The Probate Division has forms and instructions for admitting wills and opening estates. See the Vermont Probate Division main page for local contacts and forms: https://www.vermontjudiciary.org/probate-division. For general statutory background on wills and probate in Vermont, see Title 14 of the Vermont statutes: https://legislature.vermont.gov/statutes/title/14.

2. If you have a copy of the will:

   Gather every copy you can find (photocopies, drafts, a scan, or a will lodged with an attorney or bank). Copies are important because Vermont probate courts often will accept a copy as part of an initial petition and then determine whether the will can be admitted as a lost will or proved by secondary evidence.

3. File a petition to open the estate and admit the will to probate:

   Even if the original is not available, you (or another interested person) may file the standard petition to open probate and ask the court to admit the will. The clerk’s office can explain what must be filed and served on heirs and interested parties. Use the Probate Division forms and guidance: https://www.vermontjudiciary.org/probate-division/probate-forms.

4. If the original will is withheld, ask the court for help compelling production:

   If your step-sister refuses to turn over the original, the probate court can issue orders to produce documents or subpoena witnesses. If someone complied with the decedent’s instructions to deliver or file the will but now refuses, the court can consider motions to compel production. If the person ignoring the court’s order continues to withhold the document, contempt remedies may be available. Your petition should describe the refusal to produce the original and request appropriate relief.

5. Ask the court to admit a copy (prove a lost will) if the original truly cannot be produced:

   If the original has been lost, destroyed, or withheld and you cannot obtain it, the Probate Division can consider admitting a copy as a lost will if you prove the will’s terms and that the decedent did not revoke it. This normally requires testimony or affidavits from attesting witnesses, proof of the copy’s authenticity (for example, a copy with an attestation clause, drafts, or witnesses’ memory), and proof that the original is missing for reasons other than a valid revocation.

6. Consider additional civil or criminal remedies if the original was taken or destroyed:

   If the original was taken without permission or destroyed to interfere with probate, the facts may support civil causes of action (conversion, tortious interference) or criminal charges (theft, destruction of property) depending on circumstances. A probate filing can proceed while these separate claims are evaluated, but an attorney can advise on whether to pursue parallel claims.

7. Preserve evidence and identify witnesses:

   Collect emails, text messages, letters, and any proof that the decedent executed the will (attorney file notes, witness names, notarization if any). Identify the witnesses who were present when the will was signed — their affidavits or testimony can be critical to admitting a copy or resolving disputes about the original’s handling.

8. Consider appointing a temporary administrator if assets need protection:

   If the estate contains assets that could be dissipated while the will dispute continues, ask the probate court for temporary or limited administration authority so someone can protect estate property. The court can appoint a short-term administrator with specific authority while the will dispute is litigated.

9. When to consult a Vermont probate attorney:

   If your step-sister refuses to cooperate, or if relationships are contentious, a lawyer experienced in Vermont probate can file the petition, draft affidavits, subpoena witnesses or records, and represent you at hearings. Many probate lawyers will give an initial consultation to explain options and likely costs.

Key Vermont resources (official pages):

• Vermont Probate Division (contacts, procedures, local clerks, forms): https://www.vermontjudiciary.org/probate-division
• Probate forms and instructions: https://www.vermontjudiciary.org/probate-division/probate-forms
• Vermont statutes governing wills and probate (Title 14): https://legislature.vermont.gov/statutes/title/14

Helpful Hints

• Keep calm and document everything. Record dates, phone calls, and copies of texts or emails asking for the original.
• Get any existing copies or scans of the will to the probate clerk as part of your petition.
• Identify and obtain affidavits from witnesses to the will’s signing; their statements are often decisive if the original is missing.
• Ask the probate clerk which forms to use and how to serve notice on interested persons to avoid procedural delays.
• If assets are at risk, request temporary administrator powers so the estate is protected while the court addresses the will dispute.
• Be prepared for hearings. The court may set an evidentiary hearing to decide whether a copy may be admitted or whether the withholding party must produce the original.
• If you believe the will was intentionally destroyed or stolen, preserve evidence and consult counsel about parallel civil or criminal remedies.
• Even when family relationships are difficult, matters often move faster when a lawyer files the petition and manages court communications professionally.