§ 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 […]
§ 28-2-203. Scope
This subchapter applies to disclaimers of any interest in or power over property, whenever created.
§ 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 […]
§ 28-2-204. Subchapter supplemented by other law
(a) Unless displaced by a provision of this subchapter, the principles of law and equity supplement this subchapter. (b) This subchapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this subchapter.
§ 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.
§ 28-1-111. Guardians and attorneys ad litem
(a) Circuit courts shall have the power and duty to appoint a guardian ad litem to a proceeding to represent an incompetent party who is not represented by a guardian or next friend and, for the protection of the interests of a nonresident party who is not represented before the court and has not been […]
§ 28-1-112. Notice — Service — Proof — Costs
(a) When Notice to Be Given. Notice to interested persons need be given only when and as specifically provided for in the Probate Code or as ordered by the court. When no notice is required by the Probate Code, the court, by rule or by order in a particular case, may require such notice as […]