§ 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) […]
§ 28-40-111. Notice of appointment of personal representative
(a) (1) (A) Promptly after the letters have been granted on the estate of a deceased person, the personal representative shall cause a notice of his or her appointment to be published stating the date of his or her appointment and requiring all persons having claims against the estate to exhibit them, properly verified to […]
§ 28-40-112. Search for alleged decedent
Whenever there is reasonable doubt that the person whose estate is to be administered is dead, the court, upon application of an interested person, may direct the personal representative to make search for the alleged decedent in any manner which the court may deem advisable, including, but not limited to, any or all of the […]
§ 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 […]