Thank you; once probate is filed, one can use the discovery process; basically the executor can send a request for Production to the individual, requesting the document. If it is refused or ignored, they can bring a motion to compel; if granted and the person still refuses, the court can hold the person in contempt of court (for the willful and knowing violation of a court order). This can result in sanctions such as the award of attorney fees, daily fines, even jail time.
If the person continues to withhold the prenuptial, the court may try to recreate the prenuptial by testimony, or even distribute property according to the intestate succession laws such as 1/2 to the spouse, 1/2 to the children. Intestate laws are here:
For something such as this it is important for the executor to hire an attorney (even more so if the spouse is the executor, because then an interested party would need to petition the court for a motion to compel production)
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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.