Detailed Answer
Under Texas law, a court-ordered subpoena lets you compel a third party to produce documents—such as bank statements, deeds or probate files—related to an estate. You must follow the Texas Rules of Civil Procedure (TRCP) for both issuing and serving subpoenas in probate or civil matters.
1. Identify the Records and Proper Court
Decide which estate records you need. Common documents include letters testamentary, inventory, accountings, or third-party records (e.g., financial institutions). Probate matters are filed in the county court-at-law or statutory probate court where the decedent’s estate is pending.
2. Prepare the Subpoena
Under TRCP 176.1, any party may obtain a subpoena from the clerk by submitting a written request in the proper form. The subpoena must:
- Be issued in the name of the court where the estate is pending (TRCP 176.1(a));
- Identify the case caption, case number and court;
- Specify the documents or categories of records to be produced;
- Name the custodian of records as recipient;
- State the time, date and location for production (TRCP 176.6).
3. Obtain Clerk’s Signature and Seal
Bring your completed subpoena to the clerk’s office in the court where the estate is pending. The clerk will sign and stamp it, making it an official court order.
4. Serve the Subpoena
Serve the subpoena on the records custodian in person or by registered mail as allowed by TRCP:
- In-person delivery by any person over 18 who is not a party (TRCP 176.4(a));
- Registered or certified mail, return receipt requested (TRCP 176.4(c)).
5. Handle Objections or Noncompliance
The custodian may object to part or all of the subpoena in writing. If they refuse to comply, file a motion to compel production with the same court. The judge will review your request and may issue a contempt order if the custodian still refuses.
6. Review and Use the Records
Once you receive the documents, review them for relevance and completeness. You may use them at hearings, depositions (TRCP 205.2), or trial to prove estate assets, debts or distributions.
Note that most probate court records are public under the Texas Estates Code. For example, see Estates Code §22.004.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Verify the court and county where the probate case is filed before drafting the subpoena.
- Be specific about document descriptions to avoid objections for overbreadth.
- Keep proof of service (signed return receipt or affidavit) for court filing.
- File any objection or motion to compel promptly to avoid delays.
- Consider informal requests before issuing a subpoena to save time and costs.