Detailed Answer

Short answer: If your step‑sister has the original will and refuses to give it to you, you can petition the county probate court to open the decedent’s estate and either compel production of the original (by subpoena or court order) or, if the original cannot be produced, ask the court to admit a copy of the will (or admit the will “as lost but proved”) after you present evidence about its execution and the reason the original is not available.

Why this matters: In West Virginia, wills are normally presented to the probate court in the county where the decedent lived so the court can admit the will to probate and appoint a personal representative (executor). The original document is typically required. If someone withholds the original, the court has procedures to resolve that problem so the estate can be administered.

Practical steps to take

1. Preserve evidence and communicate in writing: Send a written request (certified mail with return receipt) to the step‑sister asking for delivery of the original will. Keep copies of any copies of the will, any emails or texts, and notes about conversations.
2. Talk to the probate clerk: Contact the probate clerk in the county where your father lived. Ask how to file a petition to open probate and what forms they require. Probate is handled at the county level in West Virginia; the clerk can explain filing fees and local procedures.
3. File a petition to probate the will or to open the estate: If you (or someone else with standing) want the estate opened, file the appropriate petition with the probate court. In your petition explain that a will exists, who has it (or where it was last seen), and that the person holding the original refuses to deliver it. The petition asks the court to admit the will and appoint a personal representative.
4. Ask the court to compel production or issue a subpoena: The court can issue a subpoena duces tecum to require the step‑sister to produce the original will. If she fails to obey the subpoena, the court can hold her in contempt, impose sanctions, or take other measures to secure the document.
5. Request admission of a copy if the original is not produced: If the original cannot be located or the holder refuses to turn it over, you can ask the court to admit a copy of the will or to admit the will under the court’s lost‑will rules. To succeed you generally must prove the will was duly executed and show why the original is unavailable (for example, that it was in the holder’s possession and they are withholding it). Evidence can include testimony from people who witnessed the signing, photocopies of the original, drafts, emails, or other contemporaneous records showing the testator’s intent and the will’s contents.
6. Consider additional motions to protect assets: If you fear the step‑sister may hide or transfer assets, ask the court for temporary relief—such as an order freezing certain transactions or appointing a provisional personal representative—to preserve estate assets until the dispute resolves.
7. File civil claims if appropriate: If the step‑sister intentionally conceals or destroys a will, you may have civil remedies (for example, claims for conversion or to recover the document) and the court may consider sanctions. Discuss these options with an attorney.
8. Hire a probate attorney if possible: Probate courts and motions for subpoenas, admission of copies, and emergency relief can be complex. A West Virginia probate attorney can draft pleadings, obtain subpoenas, and represent you at hearings.

What the court will look for

• Evidence the document was a valid will (testator’s signature, attesting witnesses, or other proof of execution).
• An explanation for why the original is not produced (e.g., last known custody and the holder’s refusal).
• Credible copies or witness testimony that demonstrates the will’s contents and that the testator did not revoke the will.

Relevant West Virginia authority

West Virginia law governing decedents’ estates and probate procedure appears in West Virginia Code, Chapter 41 (Decedents’ Estates). The chapter explains how wills are presented, how estates are opened, and how personal representatives are appointed. Read the code for the statutory framework: W. Va. Code, Chapter 41 — Decedents’ Estates.

For practical local procedures and forms, check the West Virginia courts website or the county probate clerk’s office where your father lived. You can start at the West Virginia Judiciary site: West Virginia Judiciary.

Common outcomes

• If the court compels production and the original is produced, the court will normally admit it and appoint a personal representative under its ordinary probate procedures.
• If the original is not produced but you prove a valid will exists and was properly executed, the court may admit a copy or admit the will as proved despite the original’s absence.
• If the court finds the supposed original was destroyed by the testator with intent to revoke, the will may be treated as revoked. If someone else destroyed or concealed the will to defeat probate, the court may impose remedies against that person.

Time sensitivity

Act promptly. Probate delays can allow assets to move, create creditor problems, and complicate proof. Even if you do not immediately file for probate, preserve evidence and get legal advice quickly.

Helpful Hints

• Collect and secure all copies of the will, related emails, drafts, and notes about the testator’s intentions.
• Identify and locate the attesting witnesses. Their affidavits or testimony are strong evidence of a valid will.
• Document every contact with the step‑sister—dates, times, topics, and written communications.
• Contact the county probate clerk early to learn local filing rules and required forms.
• Consider sending a formal written demand for the original will and keep proof of delivery.
• If you fear asset dissipation, ask the court for immediate protective orders or for a provisional personal representative.
• Be prepared to seek subpoenas and court hearings. The court has tools to compel production and punish noncompliance.
• Consult a West Virginia probate attorney. Even a short attorney consultation can clarify the strongest immediate steps.
• Find an attorney through the West Virginia State Bar or local county bar referral services if you need one: West Virginia State Bar.