Indiana § 29-1-7-3 - Produce will in court; contempt; damages

§ 29-1-7-3. 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.