§ 28-40-120. Probate of will of nonresident
(a) When a will of a nonresident of this state, relative to property within this state, has been admitted to probate in another appropriate jurisdiction, an authenticated copy thereof, accompanied by an authenticated copy of the order admitting the will to probate, may be filed for probate in this state. (b) When so filed, together […]
§ 28-40-105. Delivery of will by custodian
(a) After the death of a testator, the person having custody of his or her will shall deliver it to the court which has jurisdiction of the estate or to the executor named in the will. (b) (1) Upon the written motion of an interested person, the clerk shall issue a citation against any person […]
§ 28-40-121. Finality of order — Conclusiveness of finding of death
An order admitting a will to probate or for the appointment of a personal representative, if not contested or appealed from, shall be final, subject to the following exceptions: (1) It may be reopened at any time prior to the order of final distribution for the purpose of admitting to probate a will not theretofore […]
§ 28-40-106. Powers of nominated executor prior to appointment
(a) Prior to the probate of the will and granting of letters testamentary, a person nominated in the will to be executor may take such steps as are reasonably necessary in the management and preservation of the property and rights of the decedent and, subject to the prior rights of members of the immediate family […]
§ 28-40-122. Certificate of probate
(a) When proved as provided in this subchapter, every will, if in the custody of the court, shall have endorsed thereon or annexed thereto a certificate by the clerk that the will has been probated. (b) If for any reason a will is not in the custody of the court, the court shall find the […]
§ 28-40-107. Petition for probate and appointment of personal representative
(a) An interested person may petition the court of the proper county: (1) For the admission of the will to probate, although it may not be in his or her possession or may be lost, destroyed, or outside the state; (2) For the appointment of executor if one is nominated in the will; (3) For […]
§ 28-40-123. Recording will in other counties
The personal representative shall cause a certified copy of the will, with a certificate of probate annexed thereto, to be recorded in the office of the recorder in each county in this state other than the county of probate in which real property of the decedent is situated, the cost thereof to be an expense […]
§ 28-40-108. Requests for notices
(a) (1) If an interested person desires to be notified before a will is admitted to probate or before a general personal representative is appointed, he or she may file with the clerk a demand for notice. (2) A demand for notice is not effective unless it contains a statement of the interest of the […]
§ 28-40-109. Hearing on petition without notice
Upon filing the petition for probate or for the appointment of a general personal representative, if no demand for notice has been filed as provided in § 28-40-108, and if such a petition is not opposed by an interested person, the court in its discretion may hear it immediately or at such time and place […]
§ 28-40-110. Notice of hearing on petitions
(a) If the petition for probate or for the appointment of a general personal representative is opposed, or if a demand for notice has been filed under the provisions of § 28-40-108, the court shall, and in all other cases the court may, fix a time and place for a hearing on the petition. (b) […]