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 43-8-138 – When Will Revived on Revocation of Subsequent Will.
Section 43-8-138 When will revived on revocation of subsequent will. (a) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under section 43-8-136, the first will is revoked in whole or in part unless it is evident […]
Section 43-8-139 – Incorporation by Reference.
Section 43-8-139 Incorporation by reference. Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. (Acts 1982, No. 82-399, §2-510.)
Section 43-8-140 – Testamentary Additions to Trusts.
Section 43-8-140 Testamentary additions to trusts. A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established by the testator and some other person or by some other person (including a funded or […]
Section 43-8-141 – Reference to Events of Independent Significance.
Section 43-8-141 Reference to events of independent significance. A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator’s death. The execution or […]
Section 43-8-160 – Who May Have Will Probated.
Section 43-8-160 Who may have will probated. Upon the death of a testator, any executor, devisee, or legatee named in the will, or any person interested in the estate, or who has custody of such will may have the will proved before the proper probate court. (Code 1852, §1620; Code 1867, §1939; Code 1876, §2303; […]
Section 43-8-161 – Time Limit for Probate.
Section 43-8-161 Time limit for probate. Wills shall not be effective unless filed for probate within five years from the date of the death of the testator. If the testator was not an inhabitant of this state at the time of his or her death, the will may be admitted to probate in this state […]
Section 43-8-162 – Where Will Probated.
Section 43-8-162 Where will probated. Wills must be proved in the several probate courts as follows: (1) When the testator, at the time of his death, was an inhabitant of the county, in the probate court of such county. (2) When the testator, not being an inhabitant of the state, dies in the county, leaving […]
Section 43-8-163 – Probate Not Prevented by Subsequent Incompetency of Witnesses.
Section 43-8-163 Probate not prevented by subsequent incompetency of witnesses. If the witnesses attesting the execution of any will are competent at the time of their attestation, their subsequent incompetency, from whatever cause it may arise, must not prevent the probate of such will, if otherwise satisfactorily proved. (Code 1852, §1612; Code 1867, §1931; Code […]