Section 43-8-197 – Change of Venue.
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 43-8-168 – Depositions of Witnesses.
Section 43-8-168 Depositions of witnesses. When the subscribing witnesses, or any of them, reside out of the state, or are physically unable or in any case in which depositions are authorized to be taken in circuit court, the judge of probate may issue a commission to take the testimony of such witnesses in proof of […]
Section 43-8-198 – Transfer of Contest to Circuit Court; Appeal From Judgment of Circuit Court; Certification of Judgment, etc., to Probate Court.
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 43-8-169 – Recordation of Witnesses’ Testimony.
Section 43-8-169 Recordation of witnesses’ testimony. If it appears, on the proof taken before the judge of probate, that the will was duly executed, the testimony of the witnesses must be reduced to writing by him, signed by the witnesses and, with the will, immediately recorded in a book provided and kept for that purpose. […]
Section 43-8-199 – Contest in Circuit Court After Admission to Probate – Generally.
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 43-8-170 – Certificate Endorsed on Will.
Section 43-8-170 Certificate endorsed on will. Every will so proved must have a certificate endorsed thereon, setting forth in substance that such will had been duly proved and recorded, with the proof, specifying also the date of the probate, the book in and page or pages on which it is recorded. Such endorsement must be […]
Section 43-8-200 – Contest in Circuit Court After Admission to Probate – Parties; Conclusiveness of Judgment.
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 43-8-171 – 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 […]