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How does Writ Of Possession work in the probate court?

Dallas, TX |
Filed under: Discovery

Can a writ of possession be used in order to obtain important estate documents located on the homestead for a probate case or can this writ only be used to evict a person from the real property? If I don't understand it right could you please explain? I appreciate any answers given.

Attorney Answers 3


What you are inquiring about sounds like a discovery issue. Writs of possession have nothing to do with discovery.

The procdural vehicle for obtaining documents in a contested probate proceeding is a request for production. If a party to the legal proceeding has the documents, you serve the RP on that party, as per Tex. R. Civ. P. 196.1(a). If the person or entity who has the documents is a non-party and the documents are medical or mental health records, you proceed as required by Tex. R. Civ. P. 196.1(c). Other kinds of records can be obtained from non-parties through oral depositions or depositions on written questions by using subpoenas, if necessary.

It sounds like you are trying to represent yourself in a contested probate matter. If so, you really need to consult an experienced probate lawyer. No matter what the controversy is about, your chances of winning without a lawyer are going to be very poor.

Good luck.

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Request for production or by subpoena duces tecum.

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A writ of possession is issued after an eviction dispute. It isn't what you are looking for. The executor/administrator have authority to go obtain the relevant documents. The procedural vehicle to use would depend on the circumstances.

There is no legal relationship created or implied by the exchange of message on this website. All statements are not to be construed as legal advice but as general guidance. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information learned.

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