§ 36C. DELIVERY OF DOCUMENT WITH COURT ORDER. (a) A judge who orders an examination by a court representative of a decedent's documents or safe deposit box under Section 36B of this code may order the person who possesses or controls the documents or who leases the safe deposit box to permit the court representative to take possession of the following documents: (1) a will of the decedent; (2) a deed to a burial plot in which the decedent is to be buried; or (3) an insurance policy issued in the decedent's name and payable to a beneficiary named in the policy. (b) The court representative shall deliver: (1) the will to the clerk of a court that has probate jurisdiction and that is located in the same county as the court of the judge who ordered the examination; (2) the burial plot deed to the person designated by the judge in the order for the examination; or (3) the insurance policy to a beneficiary named in the policy. (c) A court clerk to whom a will is delivered under Subsection (b) of this section shall issue a receipt for the will to the court representative who delivers it. Added by Acts 1981, 67th Leg., 1st C.S., p. 193, ch. 17, art. 3, § 1, eff. Sept. 1, 1981.

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Last modified: August 10, 2007