When Someone Won’t Provide a Copy of the Will: What Can You Do If Someone Refuses to Produce a Deceased Person's Will in Virginia?
Date: August 10, 2026
Does a Person Have to Produce a Will?
Yes. In Virginia, a person who has custody of a deceased person's will generally has a legal obligation to deliver the will to the appropriate circuit court or to the personal representative of the estate.Withholding a person’s will is actually a crime in Virginia. Virginia Code Section 18.2-504 provides, “If any person fraudulently destroy or conceal any will or codicil, with intent to prevent the probate thereof, he shall be guilty of a Class 6 felony.”
In addition to potentially being in violation of Virginia law, a person who intentionally withholds a will can create other significant problems, including litigation relating to the estate and the deceased person’s property, delaying the administration of the estate, preventing beneficiaries from receiving inheritances and property that they are entitled to, and increasing family conflict.
What If Someone Refuses to Turn Over the Will?
The first step in trying to obtain a copy of a deceased person’s will is typically informally asking for it. This can take the form of an oral or written request. If informal requests for a copy of the person’s will are unsuccessful, it may become necessary to hire an experienced estate dispute lawyer to assist you. An estate dispute lawyer can evaluate your situation and advise you of your potential rights.
Litigation may become necessary if the informal requests are unsuccessful. Fortunately, Virginia law provides affected persons with a potential legal remedy in this circumstance.
Virginia law permits an interested person to file a lawsuit seeking to compel the production of a deceased person’s will or “testamentary papers”. Specifically, Virginia Code § 64.2-449 authorizes a proceeding to require a person believed to possess a deceased person’s will or other testamentary papers to produce them before the court.
Virginia Code Section 64.2-449(A) provides “In every probate proceeding, the court or clerk may require all testamentary papers of the testator be produced and may compel the production of the will of a testator that is in the custody of any person.”
The purpose of this type of proceeding is not to determine whether the will is valid or who should inherit the person’s estate. Instead, the process is designed to ensure that the deceased person’s will and testamentary documents are brought before the court so the probate process can move forward.
This type of action allows the court to determine whether the individual possesses the testamentary documents and, if so, order their production.
The filing of such a lawsuit allows the litigants to engage in discovery to seek copies of relevant documents, including the will and other testamentary papers themselves.
Such lawsuits can also involve the presentation of evidence (including live witness testimony) relating to the will and testamentary papers of the deceased person.
When Should You Consider Filing This Type of Lawsuit?
A petition to compel production of a deceased person’s will and other testamentary papers may be appropriate when:
- A family member admits having the original will but refuses to provide it after being requested to do so.
- You have evidence that the deceased executed a will, but no one will disclose its whereabouts.
- Someone claims a will for the deceased person exists but repeatedly delays producing it.
- You suspect a person is intentionally withholding or concealing the will or codicil to gain a financial advantage.
- Estate administration cannot proceed because the original will or other testamentary documents have not been filed.
Every situation is different. An experienced estate dispute lawyer can advise you about your specific situation and your rights.
Why Acting Quickly Matters
Delays in locating or producing a will can have serious consequences. Assets may remain inaccessible, assets may be wasted or dissipated, creditors' rights may be affected, beneficiaries may experience unnecessary delays, litigation can arise, and disputes among family members can arise and be difficult and expensive to resolve.
Prompt legal action can help preserve evidence, secure the deceased person’s will and testamentary papers, and move the estate toward proper administration.
Frequently Asked Questions about Compelling Production of a Will in Virginia
Can a family member legally refuse to show me a will in Virginia?
A person who possesses a deceased person's will generally has obligations under Virginia law. Depending on the circumstances, interested parties may be able to seek court intervention to require production of the will. Consult a Virginia estate dispute attorney regarding your specific situation.
Can a Virginia court order someone to produce a will?
Yes. Virginia Code § 64.2-449 authorizes courts and clerks in probate proceedings to require production of testamentary papers and compel production of a will believed to be in a person's possession.
What if I know a will exists but cannot get a copy?
You may wish to consult an estate litigation attorney to evaluate whether legal proceedings are appropriate. Evidence regarding the existence of the will and the identity of the person possessing it may become important.
Is hiding a will illegal in Virginia?
Virginia law provides criminal penalties for fraudulently destroying or concealing a will with the intent to prevent probate. The specific facts of each case will determine whether the statute applies.
Who can seek to compel production of a will?
Potentially interested persons, including heirs, beneficiaries and others whose rights may be affected by probate proceedings, may have standing depending on the circumstances.
An Experienced Estate Dispute Attorney Can Help Protect Your Rights and the Deceased Person’s Wishes
If someone is refusing to produce a deceased loved one's will, you do not have to simply accept their refusal. Virginia law provides a statutory procedure to compel the production of a deceased person’s will and testamentary papers, and courts are empowered to intervene when the proper production of those documents does not occur.An experienced Virginia estate dispute litigation attorney can evaluate your situation and advise you of your rights, including determining whether a petition under Virginia Code § 64.2-449 is appropriate.
If you believe a deceased person's will or codicil is being withheld, seeking legal advice promptly can help to protect your legal rights.
About Our Estate Litigation Team
Whiteford offers sophisticated, experienced counsel on will, estate, trust and fiduciary dispute matters, including partitions, real estate disputes, will contests, challenges to beneficiary designations, and pay-on-death and transfer-on-death designation disputes. When an estate dispute is on the horizon, the stakes are personal and the legal questions are complex. Whiteford’s Estates, Trusts, & Fiduciary Litigation Practice Team in Richmond, Virginia, helps executors, trustees, heirs and beneficiaries navigate these disputes, from early warning signs through trial. Our attorneys handle claims involving undue influence, fraud, lack of testamentary capacity, breach of fiduciary duty, and contested transfers of assets, as well as guardianship and conservatorship proceedings and will and trust interpretation.
Brett C. Herbert is a partner at Whiteford, Taylor & Preston LLP in Richmond, Virginia. Brett is a litigator and member of the Estates, Trusts, & Fiduciary Litigation Practice Team who represents clients in partition matters, will contests, trust challenges, and breach of fiduciary duty claims involving executors and trustees, among other similar claims. He also handles guardianship and conservatorship proceedings, including both routine and contested matters. Brett has been recognized as a Virginia Super Lawyers "Rising Star" and named Best Lawyers in America® Ones to Watch in Trusts and Estates. Brett can be reached at BHerbert@whitefordlaw.com and (804) 977-1242.
Gregory S. Bean is a partner at Whiteford, Taylor & Preston LLP in Richmond, Virginia and Virginia Beach, Virginia. Greg is a litigator and member of the Estates, Trusts, & Fiduciary Litigation Practice Team who represents clients in partition matters, will contests, trust challenges, and breach of fiduciary duty claims involving executors and trustees, among other similar claims. His practice extends to will and trust interpretation, guardianship and conservatorship matters, and power of attorney disputes. Greg holds a Best Lawyers in America® distinction in Trusts and Estates and Civil Litigation. Greg can be reached at GBean@whitefordlaw.com and (804) 977-1241.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.