Section 43-8-201 – Contest in Circuit Court After Admission to Probate – Additional Time for Contest by Infants and Persons of Unsound Mind.
Section 43-8-201 Contest in circuit court after admission to probate – Additional time for contest by infants and persons of unsound mind. After the expiration of such six months, the validity of the will can only be contested by infants and persons of unsound mind who had no legal guardian at the time the will […]
Section 43-8-202 – Contest in Circuit Court After Admission to Probate – Trial of Issues by Jury; Consideration of Witnesses’ Testimony.
Section 43-8-202 Contest in circuit court after admission to probate – Trial of issues by jury; consideration of witnesses’ testimony. The circuit court may, in such case, direct an issue to be tried by a jury, and on the trial before the jury, or hearing before the circuit judge, the testimony of the witnesses reduced […]
Section 43-8-171 – Admission of Will in Evidence.
Section 43-8-171 Admission of will in evidence. Every will, so proved or endorsed, may be read in evidence in any court of the state, without further proof thereof; and the record of such will and proof or a transcript thereof, certified by the judge of probate, must be received as evidence to the same extent […]
Section 43-8-172 – Protection of Bona Fide Purchasers, Etc.
Section 43-8-172 Protection of bona fide purchasers, etc. Any will which is not propounded for probate in this state within 12 months from the date of the death of the testator shall be inoperative and void as to bona fide purchasers, mortgagees or pledgees (and those claiming under them) of property or any interest therein […]
Section 43-8-173 – Withdrawal of Will Before Probate.
Section 43-8-173 Withdrawal of will before probate. When any will is filed with the probate judge or in the probate court for the purpose of probating the same, and it becomes necessary to withdraw said will before it is probated, the probate judge shall have the same recorded in the book in which are recorded […]
Section 43-8-174 – Withdrawal of Will for Proof Out of State.
Section 43-8-174 Withdrawal of will for proof out of state. Whenever any will has been proved and recorded for six months in any county of this state, as required by this article, and such will is required to be proved out of this state, the judge of probate may, on the application of the executor, […]
Section 43-8-175 – Probate of Foreign Will.
Section 43-8-175 Probate of foreign will. When the testator was not, at the time of his or her death, an inhabitant of this state, but was an inhabitant of some other state or territory of the United States of America, or of some other territory, district or country subject to the jurisdiction of the United […]
Section 43-8-190 – Who May Contest Will; Filing Objections; Making Up Issue; Trial by Jury.
Section 43-8-190 Who may contest will; filing objections; making up issue; trial by jury. A will, before the probate thereof, may be contested by any person interested therein, or by any person, who, if the testator had died intestate, would have been an heir or distributee of his estate, by filing in the court where […]
Section 43-8-191 – Time for Trial; Continuance; Summoning Witnesses.
Section 43-8-191 Time for trial; continuance; summoning witnesses. Upon the institution of such contest, a day must be appointed for the trial thereof, and the trial may, on good cause shown by either party, be continued to any other day; and the judge of probate must, on application of either party, issue subpoenas for witnesses […]
Section 43-8-192 – Drawing and Summoning of Jurors; Penalty for Default.
Section 43-8-192 Drawing and summoning of jurors; penalty for default. (a) The jury for the trial of such contest must be drawn and summoned as provided by law. (b) Any person summoned as a juror who shall, without legal cause or good excuse, fail to attend at the time and place required, shall be guilty […]