§ 28-40-113. Contest of will generally
(a) An interested person may contest the probate of a will, or any part thereof, by stating in writing the grounds of his or her objection and filing them in the court. (b) No will can be contested unless the grounds of objection are filed within the periods hereinafter provided: (1) If the ground of […]
§ 28-40-114. Notice of contest
(a) (1) If a statement for grounds for objection to admitting the will to probate is filed before it has been admitted and the notice provided for in § 28-40-110 has been given, no further notice is necessary unless ordered by the court. (2) If the notice provided for in § 28-40-110 has not been […]
§ 28-40-115. Contest of will — Rights of persons acquiring interest in property prior to filing of objections
(a) If, prior to the filing of an objection to the probate of a will, real or personal property or any security interest therein is acquired for value by a purchaser from, or a lender to, the personal representative of the estate or a distributee or devisee of the property by the terms of a […]
§ 28-40-116. Will subsequently presented for probate
(a) If, after a petition for the probate of a will or for the appointment of a general personal representative has been filed and before that petition has been heard, a petition for the probate of a will of the decedent not theretofore presented for probate is filed, the court shall hear both petitions together […]
§ 28-40-117. Proof of will
(a) An attested will shall be proved as follows: (1) By the testimony of at least two (2) attesting witnesses, if living at known addresses within the continental United States and capable of testifying; or (2) (A) If only one (1) or neither of the attesting witnesses is living at a known address within the […]
§ 28-40-118. Manner of taking testimony
(a) If the probate of a will is not contested, the testimony of the required witnesses may be taken by affidavit, unless the court shall direct otherwise. (b) If the will is contested, or on motion of an interested person made prior to admission of the will to probate, the will shall be established by […]
§ 28-40-103. Time limit for probate and administration
(a) No will shall be admitted to probate and no administration shall be granted unless application is made to the court for admission to probate within five (5) years from the death of the decedent, subject only to the exceptions stated in this section. (b) This section shall not affect the availability of appropriate equitable […]
§ 28-40-104. No will effectual until probated — Unprobated wills admitted as evidence
(a) No will shall be effectual for the purpose of proving title to or the right to the possession of any real or personal property disposed of by the will until it has been admitted to probate. (b) Except as provided in § 28-41-101, to be effective to prove the transfer of any property or […]
§ 28-40-101. Character of proceeding
(a) The administration of the estate of a decedent from the filing of the petition for probate and administration or for administration until the order of final distribution and the discharge of the last personal representative shall be considered as one (1) proceeding for purposes of jurisdiction. (b) The entire proceeding is a proceeding in […]
§ 28-40-102. Venue
(a) The venue for the probate of a will and for administration shall be: (1) In the county in this state where the decedent resided at the time of his or her death; (2) If the decedent did not reside in this state, then in the county wherein is situated the greater part, in value, […]