Sec. 36B. EXAMINATION OF DOCUMENTS OR SAFE DEPOSIT BOX WITH COURT ORDER    


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  • (a) A judge of a court having probate jurisdiction of a decedent's estate may order a person to permit a court representative named in the order to examine a decedent's documents or safe deposit box if it is shown to the judge that:

    (1) the person may possess or control the documents or that the person leased the safe deposit box to the decedent; and

    (2) the documents or safe deposit box may contain a will of the decedent, a deed to a burial plot in which the decedent is to be buried, or an insurance policy issued in the decedent's name and payable to a beneficiary named in the policy.

    (b) The court representative shall examine the decedent's documents or safe deposit box in the presence of:

    (1) the judge ordering the examination or an agent of the judge; and

    (2) the person who has possession or control of the documents or who leased the safe deposit box or, if the person is a corporation, an officer of the corporation or an agent of an officer.

Added by Acts 1981, 67th Leg., 1st C.S., p. 193, ch. 17, art. 3, Sec. 1, eff. Sept. 1, 1981.