Forcing Production of a Will

Very often, individuals who have just lost a loved one will be very troubled by the fact that a family member in possession of the decedent’s Last Will and Testament is refusing to offer the Will to probate. It is important to note that Texas law requires a person possessing a decedent’s Will to deliver the Will to the clerk of the court with probate jurisdiction. This means that anyone who holds the decedent’s Will will be required to hand it over to the probate clerk.

While fortunately this is often undertaken amicably, instances do arise where the custodian of the Will meets the requirement only with a more forceful approach. If you find yourself in the circumstance of needing to compel the production of a Will, the attorneys at Garg & Associates are available to assist you.

In general, forcing the production of a Will will require filing with the court a sworn complaint indicating who is in possession of the Will. That person in possession of the Will will then be required by the court to show cause why the Will should not be delivered to the court.

It is important to note—regardless of what side of the complaint you are on—that if the custodian of the Will does not hand over the Will nor show cause why it should not be delivered, Texas law provides that such custodian of the Will may be arrested and imprisoned until he or she delivers it. Liability to those harmed by his or her refusal to hand over the Will might also accrue.

There are specific requirements to undertake the procedure of compelling production of a Will, and as with all probate matters, it is best to always consult with a trusted Texas probate attorney prior to instituting such actions. Whether you are in possession of a Will or you are seeking the production of a Will, we invite you to turn to Garg & Associates with your questions and concerns. The Houston probate attorneys at Garg & Associates are available to assist you with all of your probate needs, from location and production of a Will to resolution of the estate.

We invite you to contact us for a consultation. Call Garg & Associates, PC at 281-362-2865 or complete our contact form.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.