Detailed Answer

Short answer: In Virginia you can often get a will filed even if a relative refuses to give you the original. The main options are (1) ask the circuit court to compel production (subpoena/turnover) or hold the holder in contempt, (2) offer proof and ask the court to admit a copy or prove a lost will, or (3) open a probate estate and let the court sort competing claims. Which route will work best depends on the facts: whether a copy exists, whether witnesses are available to testify to execution, who is in possession of the original, and whether the original was intentionally destroyed.

Where Virginia law lives: Rules governing wills, probate, and fiduciaries are in the Code of Virginia, Title 64.2 (Wills, Trusts, and Fiduciaries). The circuit court in the decedent’s county (or where the decedent lived) handles probate matters. You can read the code here: https://law.lis.virginia.gov/vacode/title64.2/ and find information about Virginia circuit courts here: https://www.courts.state.va.us/courts/circuit/home.html.

Step‑by‑step approach

1) Try an informal, documented demand first

Send a written demand (certified mail or email with read receipt) to your step‑sister asking for the original will and stating you intend to file it with the circuit court. Keep copies of all communications. This creates a paper trail helpful to a judge if she later refuses and you must ask the court to act.

2) Gather proof you will need for court

Collect everything that supports the will’s existence and validity: a clear copy of the will (if you have one), names and contact information of attesting witnesses or the lawyer who prepared it, drafts, emails, notes from the decedent, and any evidence the step‑sister has the original (witness statements, messages, receipts, or testimony).

3) Ask the clerk how to start probate where your dad lived

Visit the circuit court clerk’s office in the county or city where your father lived. Clerks can explain local filing steps, fees, and required forms for opening probate or filing a petition to admit a copy or to probate a lost will. Even if you later get a lawyer, the clerk’s office is a practical first stop.

4) File a petition to probate the will; include a request for production if the original exists but is withheld

If someone refuses to produce an original in their possession, the court can compel production through the probate proceeding. Typical filings include:

• Petition to admit will to probate (if you have the original)
• Petition to admit a copy of the will and to probate it as if it were original (if original is lost or being withheld)
• Motion asking the court to require the person in possession to turn over the original (often via subpoena duces tecum or a court order)

The court will schedule a hearing. At that hearing a judge can issue orders compelling production, admit a copy into probate if the court finds the copy accurately reflects the decedent’s will, or take other actions the judge deems appropriate.

5) If the original is truly missing, prove its contents and the reasons for nonproduction

Virginia courts may admit a copy or allow probate of a will that is lost, destroyed, or not produced if the petitioner proves the will’s contents and why the original is not available. Expect the court to require clear and convincing proof that the copy is the decedent’s testamentary intent and that the original is not being produced for improper reasons (e.g., intentional concealment to frustrate probate). Attesting witnesses or the attorney who drafted the will are especially persuasive.

6) Use discovery tools and subpoenas if the holder refuses

If the step‑sister is the custodian and refuses to comply, the court can order her to produce the document. You (or your attorney) can request subpoenas for witnesses, subpoena documents, and move for contempt if a court order is disobeyed. Courts treat will concealment seriously because it interferes with probate and the decedent’s testamentary intent.

7) Consider immediate temporary relief when appropriate

If you reasonably fear destruction of the original, you can ask the court for emergency relief—an order freezing the document, requiring it be filed under seal, or placing it with the clerk for safekeeping pending full hearing. That prevents tampering while the probate matter unfolds.

Common outcomes the court may order

• An order compelling production of the original.
• Admittance of a copy to probate after proof of contents and explanation for nonproduction.
• An order that the holder deposit the original with the clerk under seal.
• Monetary sanctions or contempt findings if someone willfully blocks the process.
• A formal probate with appointment of a personal representative to administer the estate.

When to hire a probate attorney

Get an attorney if facts are contested, the holder refuses court orders, or significant estate assets or complex claims are at stake. A lawyer will prepare the pleadings, subpoena witnesses, and advocate at the hearing. If your step‑sister has legal counsel, you should too.

Even if you cannot afford an attorney, many Virginia counties have legal aid resources or reduced‑fee probate attorneys; the clerk’s office can often provide a list of local probate attorneys.

Helpful Hints

• Keep a written demand (certified mail or documented email) before filing anywhere—this shows you tried to resolve the matter without court action.
• Get and keep copies of any will drafts, photocopies, emails from the decedent, or communications that show the decedent’s intent.
• Track and preserve who has touched the original and when—witness statements about possession and handling matter.
• Locate attesting witnesses or the lawyer who drafted the will. Their testimony can substitute for the original in many cases.
• Contact the circuit court clerk for forms and local procedures—clerks can’t give legal advice, but they can tell you how to file and the fees required.
• Act promptly. Probate timelines and creditor notice rules proceed after death; delaying can complicate estate administration.
• If you fear destruction of the original, ask the court to place the document with the clerk under seal or to issue an emergency order to preserve evidence.
• Document costs and communications; if you succeed, the estate might reimburse reasonable expenses incurred to preserve the estate.

Useful Virginia resources

• Virginia Code, Title 64.2 (Wills, Trusts, and Fiduciaries): https://law.lis.virginia.gov/vacode/title64.2/
• Virginia Circuit Courts (general information and local clerk contacts): https://www.courts.state.va.us/courts/circuit/home.html

Next practical step: Make a written demand for the original. If the step‑sister refuses, visit the circuit court clerk where your father lived to learn local filing steps and consider consulting a probate attorney to file a petition to compel production or to admit a copy.

Disclaimer: This article explains general Virginia probate concepts and common court responses. It is educational information, not legal advice, and does not create an attorney‑client relationship. For advice about your situation, consult a licensed Virginia attorney.