Detailed answer — what you can do in Washington when the original will is being withheld
Disclaimer: This is educational information, not legal advice. For help with a specific case, consult a licensed Washington attorney.
If someone is refusing to turn over the original will after a person’s death, Washington law gives you several practical and legal paths to get the estate properly before the court. Below is a clear, step-by-step explanation of the usual options, the kind of evidence the court will expect, and where to look in Washington’s probate law for more detail.
1) Confirm where to file and collect basic documents
File any petition in the Superior Court in the county where the decedent lived. Before you file, gather:
- the decedent’s death certificate;
- any copy of the will (photocopy, scanned file, or a typed transcript);
- contact information for witnesses or the attorney who prepared the will;
- evidence that the person withholding the will has it (emails, texts, statements) if available.
2) Try informal resolution first
Send a written demand (certified mail, return receipt) asking for production of the original will. If the original was stored in a safe-deposit box, the bank has procedures for providing access after death — often requiring a court order or authorized persons to be present. Contact the attorney who drafted the will; they may have the original or a certified copy.
3) Ask the court to order production (petition for citation or order to produce)
If informal attempts fail, Washington probate procedure allows you to ask the court to require someone to produce a will. In practice you file a probate petition and request that the court issue an order or citation to the person who allegedly has the original to bring it to court. If the person still refuses after a court order, the court can sanction them, including contempt proceedings. The relevant body of law is Washington’s probate code (Title 11 RCW), which governs probate procedure and the admission of wills. See Washington’s probate laws: RCW Title 11 (Probate).
4) If the original won’t be produced, you can seek probate of a copy or prove the will’s contents
Washington courts can admit a copy of a will or take testimony about a will’s contents when the original is lost, destroyed, or withheld — but the petitioner must provide satisfactory proof of the will’s due execution and contents. Typical proof includes:
- testimony from attesting witnesses that the will was signed correctly;
- a copy of the will and corroborating testimony that it is the decedent’s last will;
- a statement or affidavit from someone who saw the original executed or saw the signed document;
- communication from the deceased (e.g., email, letters) showing intent that the document was their will.
The court will weigh the evidence and may admit the copy or other proof if it is satisfied the original existed and was valid. If you intend to rely on a copy, prepare sworn affidavits or witness declarations that describe how the copy was made and confirm the original’s execution and contents.
5) Consider emergency requests to protect estate assets
If there’s a risk someone may hide, transfer, or waste assets, you can ask the court for temporary preservation measures (for example, temporary restraining orders, an order restraining transfer of assets, or emergency appointment of a personal representative). These are fact-specific requests courts will grant when there’s imminent danger to the estate.
6) Possible civil and criminal remedies for wrongful withholding
Deliberately hiding a will or destroying it can create civil liability (damages for interference with probate) and might, in some circumstances, expose a person to criminal charges (for example, theft or tampering). Discuss these options with an attorney if you believe the holder of the will is acting in bad faith.
7) When to get a lawyer
If the other person will not cooperate, or if the estate is valuable or contested, hire a probate attorney early. An attorney can:
- prepare and file the proper petition in Superior Court;
- draft witness affidavits and evidentiary submissions;
- seek orders to compel production or emergency orders to protect assets;
- represent you at hearings and in any contempt or enforcement proceedings.
To find Washington attorneys experienced in probate, see the Washington State Bar Association public resources: WSBA — Find Legal Help. For probate forms and general probate process information, see the Washington Courts probate page and forms: Washington Courts — Probate Forms & Information.
Relevant statutory starting point
Washington’s probate rules and statutes are in Title 11 of the Revised Code of Washington (RCW). When preparing a petition or affidavit, counsel commonly cites and follows provisions in Title 11 related to probate procedure and admission of wills. You can review the statutory text here: RCW Title 11 (Probate).
Helpful Hints
- Act quickly. Some probate timelines and rights depend on when you file in the Superior Court.
- Keep written records of every communication with the person who has the will (dates, times, copies of messages).
- Locate witnesses: track down any attesting witnesses or the attorney who drafted the will — their sworn statements are often decisive.
- Keep any copy of the will secure and make certified copies if the court asks for them.
- Don’t try to recover the will by breaking into a safe-deposit box or taking property; do it through legal channels to avoid criminal exposure.
- If you suspect destruction or fraud, note the facts and inform your lawyer — those facts change the available remedies.
- Use the Superior Court clerk as a resource: clerks can tell you where to file and which local forms may be needed, but they cannot give legal advice.
Getting a will before the court when someone refuses to produce the original is usually a mix of practical steps (searching for the original and preserving evidence) and legal steps (asking the court to compel production or to admit a copy). An experienced probate lawyer can evaluate the evidence, prepare the right petitions and affidavits, and appear at hearings to protect your interests.
Again, this is informational only and not legal advice. For a case-specific plan, consult a Washington probate attorney.