US Lawyer Database

§ 28-1-113. Waiver of notice

(a) A person who submits to the jurisdiction of the court in any hearing shall be deemed to have waived notice. (b) A waiver in writing, executed in person or by attorney, in behalf of a person who is interested in a hearing in a probate proceeding, shall be effective if made by: (1) A […]

§ 28-1-115. Vacation and modification of orders

(a) For good cause and at any time within the period allowed for appeal after the final termination of the administration of the estate of a decedent or ward, the court may vacate or modify an order or grant a rehearing. However, no such power shall exist as to any order from which an appeal […]

§ 28-1-116. Appeals

(a) Appeal Permitted. Except as provided in subsection (b) of this section, a person aggrieved by an order of the circuit court in probate proceedings under the provisions of the Probate Code may obtain a review of the order by the Supreme Court or the Court of Appeals. (b) Orders Which Are Not Appealable. There […]

§ 28-1-117. Use of certified mail permitted

Anything permitted or required by the Probate Code to be served or transmitted by registered mail may be served or transmitted either by registered mail or by certified mail, and return receipts for the delivery of certified mail shall be received in the courts as prima facie evidence of the delivery to the same extent […]

§ 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 […]

§ 28-2-201. Short title

This subchapter may be cited as the “Uniform Disclaimer of Property Interests Act (1999).”

§ 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 […]

§ 28-2-202. Definitions

In this subchapter: (1) “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. (2) “Disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made. (3) “Disclaimer” means the refusal to accept an interest in or power […]