§ 32-1-104. Will Other Than Holographic or Nuncupative — Signatures
The execution of a will, other than a holographic or nuncupative will, must be by the signature of the testator and of at least two (2) witnesses as follows: The testator shall signify to the attesting witnesses that the instrument is the testator’s will and either: The testator sign; Acknowledge the testator’s signature already made; […]
§ 32-1-105. Holographic Will
No witness to a holographic will is necessary, but the signature and all its material provisions must be in the handwriting of the testator and the testator’s handwriting must be proved by two (2) witnesses.
§ 32-1-106. Nuncupative Will
A nuncupative will may be made only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator died as a result of the impending peril, and must be: Declared to be the testator’s will by the testator before two (2) disinterested witnesses; Reduced to […]
§ 32-1-107. Foreign Execution
A will executed outside this state in a manner prescribed by §§ 32-1-101 — 32-1-108, inclusive, or a written will executed outside this state in a manner prescribed by the law of the place of its execution or by the law of the testator’s domicile at the time of its execution, shall have the same […]
§ 32-1-108. Application of §§ 32-1-101 — 32-1-108
Sections 32-1-101 — 32-1-108, inclusive, shall not apply to wills executed in this state on or before February 15, 1941, or to wills offered for ancillary probate in this state that have been admitted to probate in the state or country of the testator’s domicile.
§ 32-1-109. Requisites of Will Executed on or Before February 15, 1941
No last will or testament executed on or before February 15, 1941, shall be good or sufficient to convey or give an estate in lands, unless written in the testator’s lifetime, and signed by the testator, or by some other person in the testator’s presence and by the testator’s direction, and subscribed in the testator’s […]
§ 32-1-110. Requisites of Holographic Will Executed on or Before February 15, 1941
A paper writing, written on or before February 15, 1941, appearing to be the will of a deceased person, written by the deceased person, having the deceased person’s name subscribed to it, or inserted in some part of it, and found, after the deceased person’s death, among the deceased person’s valuable papers, or lodged in […]
§ 32-1-111. Married Women’s Power to Dispose of Property by Will
Married women, after February 15, 1941, may dispose of their property by will according to §§ 32-1-101 — 32-1-108. Wills executed on or before February 15, 1941, by married women twenty-one (21) years of age or over, are valid to dispose of their realty or personalty, legal or equitable, in as complete manner as if […]
§ 32-1-112. Deposit of Will With Probate Court
With respect to a testator who is living, any will in writing, being enclosed in a sealed wrapper, and having endorsed thereon the name of the testator, the testator’s place of residence and the testator’s social security number or driver license number, if any, and the day when, and the person by whom, it is […]
§ 32-1-113. Mailing or Delivery of Will to Personal Representative or Clerk of Court
Any person or corporation who has possession of or discovers a written instrument purporting to be the last will and testament of a decedent shall mail or deliver that instrument to the personal representative named in the instrument as soon as the person or corporation has knowledge of the death, and a photographic copy of […]