§ 28-1-118. Deceased viable fetus
(a) For purposes of the Probate Code, a “deceased viable fetus” is considered a person and decedent so that the probate division of circuit court may have jurisdiction for the administration, settlement, and distribution of the deceased fetus’s estate. (b) No person shall be liable under subsection (a) of this section when the death of […]
§ 28-1-119. Access to decedent’s autopsy records
(a) As used in this section, “healthcare provider” means a person, corporation, facility, or institution licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession. (b) A healthcare provider who, in good faith, releases copies of a decedent’s autopsy […]
§ 28-1-101. Title
This act may be cited as the “Probate Code”.
§ 28-1-102. Definitions
(a) As used in the Probate Code: (1) “Child” denotes a natural or adopted child, but does not include a grandchild or other more remote descendant or an illegitimate child except such as would inherit under the law of descent and distribution; (2) “Claims” includes liabilities of the decedent which survive, whether arising in contract […]
§ 28-1-103. Effect of code
(a) Effective Date. The Probate Code shall take effect on July 1, 1949, except that, when its application, or parts thereof, would not be feasible or would work injustice in particular proceedings then pending, the former procedure shall apply. (b) Rights Not Affected. Acts done and rights accrued prior to July 1, 1949, shall not […]
§ 28-1-104. Probate proceedings
The circuit court shall have jurisdiction over: (1) The administration, settlement, and distribution of estates of decedents; (2) The probate of wills; (3) The persons and estates of minors; (4) Persons of unsound mind and their estates; (5) The determination of heirship or of adoption; (6) The restoration of lost wills and the construction of […]
§ 28-1-106. Referees and probate clerks
(a) Circuit courts shall have the authority to appoint referees in probate in the respective counties in the manner and with the powers and duties as provided by Supreme Court rule. (b) (1) In the absence of the circuit judge or a referee within a county, the probate clerk of the circuit court may appoint […]
§ 28-1-108. Records
The following records of the court shall be maintained: (1) An index in which files pertaining to estates of deceased persons shall be indexed under the name of the decedent, and those pertaining to guardianships under the name of the ward. The file and docket number shall be shown after the name of each file; […]
§ 28-1-109. Petition — Verification
(a) Unless otherwise provided, every application to the court shall be by petition signed and verified by or on behalf of the petitioner. (b) This requirement shall be mandatory but not jurisdictional, and noncompliance therewith shall not alone be grounds for appeal.
§ 28-1-110. Filing objections to petition
(a) On or before the day set for hearing, an interested person may file written objections to a petition previously filed. (b) Upon special order or general rule of the court, objections to a petition must be filed in writing as a prerequisite to being heard by the court.