Short answer. Yes. Rule 75, Section 5 of the Rules of Court allows a person who has custody of a will after the testator's death, and who neglects without reasonable cause to deliver it when the court orders him to, to be committed to prison and kept there until he delivers the will.

What the law says

A person having custody of a will after the death of the testator who neglects without reasonable cause to deliver the same, when ordered so to do, to the court having jurisdiction, may be committed to prison and there kept until he delivers the will.

Rule 75, Section 5 — Person retaining will may be committed. Read the full provision →

Commitment until the will is delivered

Rule 75, Section 5 provides that a person having custody of a will after the death of the testator who neglects without reasonable cause to deliver the same, when ordered so to do, to the court having jurisdiction, may be committed to prison and there kept until he delivers the will. Someone who refuses to hand over a deceased relative's will after being ordered by the court can be committed to prison, and stays there specifically until the will is delivered.

The without reasonable cause qualifier

Commitment is not automatic simply because someone has not yet handed over the will — the rule applies to neglect without reasonable cause. Refusing to deliver despite a court order is what the rule targets; if there is a reasonable cause behind the delay or refusal, that is a different situation than the neglect this article addresses, though the rule does not itself list what would count as a reasonable cause. What counts as reasonable is left to the court, which is another reason to raise any genuine obstacle to delivery on the record rather than simply not complying.

The commitment is tied specifically to delivering the will

The confinement described here is not a fixed-term criminal sentence — it lasts until he delivers the will. This makes the commitment a coercive measure aimed at producing the document, rather than a punishment with a set duration decided in advance. Once the will is actually delivered to the court, the basis for keeping the person committed under this specific provision is gone.

What the rule requires before commitment can happen

The rule requires that the person first be ordered by the court having jurisdiction to deliver the will, and that they neglect to comply with that order. Someone who has simply not yet been asked or ordered by the court to produce the will is not yet within what this provision describes — commitment follows a court order that goes unheeded, not merely possession of the will on its own.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.