Wills And Codicils - Duty To Produce {118}

WILL AND CODICILS: DUTY TO PRODUCE Any person who has possession of a will or codicil, or discovers such, is required by law to mail or deliver it to the person named as executor as soon as the person gets knowledge of the testator's death. The person is also required by law1 to send a copy of the document to the CLERK & MASTER as follows: Clerk & Master Probate Division 1001 Lindsay Street Chattanooga, TN 37402-1401 Either the executor, anyone having the will or codicil, or anyone knowing where the will or codicil is, may be summoned to appear before the Probate Court and surrender the will or codicil, or give testimony as to their existence or location. If the person refuses to cooperate, the person may be compelled by attachment and punishment for contempt.2 Any person who destroys or conceals the will or codicil of a testator with intent to prevent its probate or to defraud any devisee or legatee commits a Class E felony.3 A Class E felony is punishable by 1 to 6 years imprisonment plus a fine up to $3,000.4 1 2 T.C.A. § 32-1-113. See Pritchard on Wills and Administration of Estates, 5th Ed. Vol. 1 § 330, pp. 510 ­ 511, citing in footnote 51: T.C.A. §§ 16-16-107, 16-16109, 29-9-101 to 29-9-106; see Acts 1794, ch 1, Caruthers & Nicholson 708, expressly conferring the power, which was not carried in the Code. 3 T.C.A. § 39-14-131. 4 T.C.A. § 40-35-111(b)(5). [Form 118,Rev. 2008.01.24] American LegalNet, Inc. www.FormsWorkFlow.com