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Chapter 26

Form 26-4

[Caption. See § 3 of the Introduction in this manual.]

Petition to Produce Will

[Name of petitioner], Petitioner, is a person interested in the estate of [name of debtor], Decedent, by reason of being a creditor of Decedent.

1.[Name], who resides at [address, city], in [county] County, Texas, has in [his/her] possession (or in the possession of [his/her] agent) the will of Decedent.

2.[Name] has been notified of the death of Decedent, and a demand has been made that [he/she] deliver the will of Decedent to the clerk of the Court, as required by statute, but [he/she] has failed and refuses to do so.

Petitioner prays that [name] be cited to appear as the law requires and show cause why [he/she] should not be ordered to make due delivery of the will to the Court and that such other orders as may be proper or necessary be made.

   
[Name]
Attorney for [name of petitioner]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]

State of Texas)

County of)

This instrument was acknowledged before me on [date] by [name].

            

   [SEAL]   [Title of officer]

My commission expires: [date]