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. 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. (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 […]
Section 43-8-193 Proceedings against defaulting witness. If any witness, being duly summoned, fails to attend, the judge of probate shall enter up a conditional fine against him, not exceeding $50.00, and shall thereupon issue a notice to such witness to appear at a term of said court, not more than 30 days from the date […]
Section 43-8-194 Depositions of witnesses; rules governing procedure. For the trial of such contest, depositions of witnesses may be taken in like cases, for the same causes and in the same manner, as depositions are taken in civil actions in the circuit court. In all matters relating to the organization and impaneling of the jury, […]
Section 43-8-195 Admission or rejection of will. When the judgment of the probate court is against the validity of the will, the probate thereof must be rejected; otherwise, the will must be admitted to probate. (Code 1852, §1647; Code 1867, §1965; Code 1876, §2329; Code 1886, §1995; Code 1896, §4293; Code 1907, §6202; Code 1923, […]
Section 43-8-196 Costs. The costs of any contest under the provisions of this article must be paid by the party contesting if he fails; otherwise, it must be paid by the plaintiff or out of the estate, or in such proportion by the plaintiff or out of the estate as the court may direct; and […]
Section 43-8-197 Change of venue. (a) At any time before the trial of such contest, either party may remove the same to another county by proceeding as is required in civil actions in the circuit court; and when an order for the removal of the trial of such contest is made, the judge of probate […]
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court; certification of judgment, etc., to probate court. Upon the demand of any party to the contest, made in writing at the time of filing the initial pleading, the probate court, or the judge thereof, must enter an order transferring the contest […]
Section 43-8-199 Contest in circuit court after admission to probate – Generally. Any person interested in any will who has not contested the same under the provisions of this article, may, at any time within the six months after the admission of such will to probate in this state, contest the validity of the same […]
Section 43-8-200 Contest in circuit court after admission to probate – Parties; conclusiveness of judgment. In the event a contest of the probate of a will is instituted in the circuit court, as is or may be authorized by law, all parties interested in the probate of the will, as devisees, legatees or otherwise, as […]
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. 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 […]
