Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When an institution refuses to release estate documents, a personal representative in Virginia can use several tools to secure those records.
1. Send a Formal Written Request
Begin by sending a written demand to the institution. Include a copy of your letters testamentary or letters of administration issued by the Virginia circuit court under Va. Code § 64.2-502. This often prompts voluntary compliance.
2. File a Petition for Inventory
Under Va. Code § 64.2-1605, a personal representative must file an inventory and could move to compel institutions to produce missing records.
3. Issue a Subpoena
Use the subpoena power in Va. Code § 8.01-420 to require third parties to deliver documents to the court. You serve the subpoena on the institution and file proof with the clerk.
4. Motion to Compel Discovery
If you already started probate litigation, you may use discovery rules to file a motion to compel production of documents. The court can sanction institutions that fail to comply.
5. Seek Sanctions or Penalties
The court can award attorney’s fees and costs under Va. Code § 64.2-1719 against institutions that wrongfully withhold estate records.
Helpful Hints
- Always keep copies of all letters and correspondence.
- Attach certified letters and return receipts to prove delivery.
- Review the institution’s internal policies for document requests.
- Consult court clerks about filing deadlines and forms.
- Consider mediation before proceeding to court if possible.