Produce will in court; contempt; damages
Sec. 3. (a) After the death of a person, the person having custody
of the decedent's will:
(1) may; or
(2) shall, upon written demand by the personal representative or
upon court order;
deliver the will to the court which has jurisdiction of the
administration of the decedent's estate.
(b) A verified written application may be filed by or on behalf of
any interested person or any personal representative named, in any
court having jurisdiction of the administration of the decedent's
estate for an order of that court against any person who is alleged to
have the custody of the will of the said person so dying, to produce
said will before said court at the time fixed by said court in order that
said will may be probated. Upon the filing of said application, the
court shall cause notice to issue of the filing thereof to the person
alleged in said petition to have the custody of said will. If, upon the
hearing of said application, the court shall find the allegations thereof
to be true, the court shall enter an order directing the person so
named in said application to deliver said will within the time fixed
in said order, to such person as the court shall designate, so that the
same may be offered for probate.
(c) If the person against whom said order is issued shall, after said
order shall have been served upon him, fail without just cause to so
produce said will at the time so fixed therefor, he shall be guilty of
contempt of court and may by said court be committed to the jail of
the county in which said court is located, there to remain until he
produces said will, or until said order to produce shall have been
vacated, and said person so found guilty of contempt shall also be
liable to any person interested in the probate of said will for all
damages he may sustain by the failure of said person to comply with
said order.
(Formerly: Acts 1953, c.112, s.703.) As amended by P.L.165-2002,
SEC.5.
Last modified: May 27, 2006