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

(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.