§ 32-3-113. Application of Federal Estate Tax or Generation-Skipping Transfer Tax Law for Certain Decedents
A will or trust of a decedent, who dies after December 31, 2009, but before January 1, 2011, that contains a formula referring to the “unified credit,” “estate tax exemption,” “applicable exemption amount,” “applicable credit amount,” “applicable exclusion amount,” “generation-skipping transfer tax exemption,” “GST exemption,” “marital deduction,” “maximum marital deduction,” or “unlimited marital deduction,” or […]
§ 32-3-114. Modification of Will to Achieve Testator’s Objectives
To achieve the testator’s tax objectives, the court may modify the terms of a will in a manner that is not contrary to the testator’s probable intention. The court may provide that the modification has retroactive effect.
§ 32-3-115. Written Statement or List to Dispose of Items of Tangible Personal Property
Notwithstanding the requirements of a holographic will, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities, and property used in a trade or business. To be admissible under […]
§ 32-4-101. Certificate That Will Is Contested — Contestant’s Bond
If the validity of any last will or testament, written or nuncupative, is contested, then the court having probate jurisdiction over that last will or testament must enter an order sustaining or denying the contestant’s right to contest the will. If the right to contest the will is sustained, then the court must: Require the […]
§ 32-4-102. Bond of Legatee or Devisee
If the legatees or devisees, or any of them, are adults, and have notice that the probate of the will is contested, the court shall require them to enter into bond, with surety, in the penal sum of five hundred dollars ($500), conditioned for the faithful prosecution of the suit, and, in case of failure […]
§ 32-3-108. Marital Deduction
IF, A decedent dies after December 31, 1981; Leaving a will executed, or a trust created, before September 12, 1981, that contains a formula expressly providing that the spouse is to receive the maximum amount of property qualifying for the marital deduction allowable by federal law; The formula referred to in subdivision (a)(1)(B) was not […]
§ 32-3-109. Trials for Construction or Interpretation of Wills — Jurisdiction of Courts
Any court of record having probate jurisdiction has concurrent jurisdiction with chancery courts for the construction or interpretation of wills, or parts thereof, and for establishing lost, spoliated or suppressed wills.
§ 32-3-110. Power of Appointment
This section applies only to powers of appointment exercisable by will. Capacity of holder of power. A power of appointment by will that is not subject to an express condition that it may be exercised only by a holder of a greater age may be exercised by a holder who has attained the age of […]
§ 32-3-111. Specifically Devised or Bequeathed Property
A specific legatee or devisee has a right to the specifically gifted or devised property in the testator’s estate at death or if the property has been disposed of and a contrary intention is not manifest during the testator’s lifetime: Any balance of the purchase price, together with any security interest, owing from a purchaser […]
§ 32-3-112. Disposition of Residue
If the residue of the decedent’s testamentary estate or the residue of a revocable trust created by the decedent that becomes irrevocable at the settlor’s death is devised to two (2) or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to the other […]