§ 28-40-301. Circuit court jurisdiction

Whenever any will shall be lost, or destroyed by accident or design, the circuit court shall have the same power to take proof of the execution of the will and to establish the same, as in cases of lost deeds.

§ 28-40-302. Proving will

No will of any testator shall be allowed to be proved as a lost or destroyed will unless: (1) The provisions are clearly and distinctly proved by at least two (2) witnesses, a correct copy or draft being deemed equivalent to one (1) witness; and (2) The will is: (A) Proved to have been in […]

§ 28-40-303. Record of decree

(a) Upon a lost or destroyed will’s being established by the decree of a competent court, the decree shall be recorded by the probate clerk of the circuit court before which the will might have been proved if it had not been lost or destroyed. (b) Letters testamentary or of administration, with the will annexed, […]

§ 28-40-304. Restraint of administrator

If, before or during the pendency of an application to prove a lost or destroyed will, letters of administration are granted on the estate of the testator, the court to which the application shall be made shall have authority to restrain the administrator so appointed from any act or proceedings which would be injurious to […]