Question

What happens if the person holding the will refuses to file it?

I want to understand what happens if the person holding the will refuses to file it. Our family found signs that a will exists but cannot locate the signed original or the person who may be holding it.

Asked in Topeka, KS · May 22, 2026 · 1 answer

Answer
Soradin

Soradin

General information

Posted Jul 24, 2026

If someone is holding the original will and will not produce it, the family should not treat that refusal as permission to ignore the document or distribute the estate informally. State probate law may provide a way to require production of the will or to address a missing original, and the available procedure can depend on what evidence exists. A local probate attorney can help bring the issue before the proper court while the estate property is kept intact.

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