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 43-8-140 – 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 43-8-116 – Adjustments to Exemption Values.
Section 43-8-116 Adjustments to exemption values. On July 1, 2017, and at the end of each 3-year period thereafter, the State Treasurer shall adjust each dollar amount in this article or, for each adjustment after July 1, 2017, each adjusted amount, by an amount determined by the State Treasurer to reflect the cumulative change in […]
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 […]
Section 43-8-130 – Who May Make a Will.
Section 43-8-130 Who may make a will. Any person 18 or more years of age who is of sound mind may make a will. (Acts 1982, No. 82-399, §2-501.)
Section 43-8-164 – Notice to Surviving Spouse and Next of Kin – Generally.
Section 43-8-164 Notice to surviving spouse and next of kin – Generally. Whenever an application is made to prove a will in this state, at least 10 days’ notice must be given to the surviving spouse and next of kin, or either of them, residing and being within the state, before such application is heard. […]