US Lawyer Database

§ 32-5-109. Registration of Will as Muniment of Title

A copy of a will, foreign or domestic, certified by the clerk, may be registered in the county where the land lies as a muniment of title, and a copy from the books of the register, duly certified by the register, shall be evidence. Code 1858, § 2183 (deriv. Acts 1823, ch. 31, § 2); […]

§ 32-5-110. Foreign Unprobated Wills

Where a foreign will has not been probated in another jurisdiction, any person interested may apply for its probate before the probate court of the county in this state in which the real estate or any part of the real estate is located. To that end the interested person shall present a petition to the […]

§ 32-5-104. Admitting Will to Probate

If upon the hearing, it appears to the satisfaction of the court that the will has been duly proved, allowed and admitted to probate outside of the state, and that it was executed according to the law of the place in which the will was made, or in which the testator was at the time […]

§ 32-5-105. Unprobated Will From State or Country Not Requiring Probate

When a duly authenticated copy of a will from any state or country, where probate is not required by the laws of that state or country, with a duly authenticated certificate of the legal custodian of the original will that the copy is a true copy, and that the will has become operative by the […]

§ 32-5-106. Contest

Any person interested to contest the validity of a will of another country, state, district, or territory as to realty may do so in the same manner and time limit as though it had been originally presented for probate in that court. Code 1858, § 2190 (deriv. Acts 1823, ch. 31, § 3); Shan., § […]

§ 32-5-107. Authentication

Any copy of a will from another state, District of Columbia or territory shall be authenticated in the manner prescribed by 28 U.S.C. §§ 1738 and 1739. Code 1858, § 2186 (deriv. Acts 1843-1844, ch. 187, § 1); Shan., § 3918; mod. Code 1932, § 8119; modified; impl. am. Acts 1972, ch. 565, § 1; […]

§ 32-5-108. Copy of Will as Evidence

A copy of a will from another state, District of Columbia or territory, as recorded, certified by the clerk of the court in this state where copy is recorded, shall be evidence. Code 1858, § 2188 (deriv. Acts 1823, ch. 31, § 2; 1843-1844, ch. 187, § 1); Shan., § 3920; mod. Code 1932, § […]

§ 32-5-101. Recording Will

A will, duly proved, allowed and admitted to probate outside of this state, may be allowed and recorded in the proper court of any county in this state, in which the testator has left any estate.

§ 32-5-102. Executors of Other States Qualifying — Bond

When there are goods and chattels in this state to be administered under a will of another state, district or territory, the executors, or some one of them, may qualify as executors, and they shall give bond, with surety, as required in cases where the will was made within the limits of this state, and […]

§ 32-5-103. Petition for Probate — Hearing — Notice

When a copy of a will of another state, district, or territory and the probate of the will, duly authenticated, is presented by the executor or by any other person interested in the will, with a petition for probate of the will, the will must be filed and probate may be had either in common […]