How does Writ Of Possession work in the probate court?

Asked over 1 year ago - Dallas, TX

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)

  1. Don Karotkin

    Contributor Level 16

    1

    Best Answer
    chosen by asker

    Answered . 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.

  2. Carmine John Giardino

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Request for production or by subpoena duces tecum.

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  3. David M. Pyke

    Contributor Level 15

    Answered . 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.

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