Section 43-8-298 – Applicability of Article.
Section 43-8-298 Applicability of article. An interest in property that exists on the effective date of this article as to which, if a present interest, the time for delivering or filing a disclaimer under this article has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally […]
Section 43-8-251 – Renunciation of Succession.
Section 43-8-251 Renunciation of succession. Renunciation of succession shall be through compliance with Article 11 of this chapter or as otherwise provided by law. (Acts 1982, No. 82-399, §2-801.)
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 43-8-252 – Effect of Divorce, Annulment, or Decree of Separation.
Section 43-8-252 Effect of divorce, annulment, or decree of separation. (a) A person who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, he is married to the decedent at the time of death. A decree of separation […]
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 43-8-253 – Effect of Homicide on Intestate Succession, Wills, Joint Assets, Life Insurance and Beneficiary Designations; Effect of Bona Fide Purchase by Third Party or Good Faith Payment by Obligor, Etc.
Section 43-8-253 Effect of homicide on intestate succession, wills, joint assets, life insurance and beneficiary designations; effect of bona fide purchase by third party or good faith payment by obligor, etc. (a) A surviving spouse, heir or devisee who feloniously and intentionally kills the decedent is not entitled to any benefits under the will or […]
Section 43-8-220 – Requirement That Devisee Survive Testator by Five Days.
Section 43-8-220 Requirement that devisee survive testator by five days. A devisee who does not survive the testator by five days is treated as if he predeceased the testator, unless the will of decedent contains some language dealing explicitly with simultaneous deaths or deaths in a common disaster, or requiring that the devisee survive the […]
Section 43-8-254 – Appointment of Debtor as Executor.
Section 43-8-254 Appointment of debtor as executor. The appointment of a debtor as an executor is not a discharge of the debt, unless it is so directed in the will. (Code 1852, §1606; Code 1867, §1927; Code 1876, §2291; Code 1886, §1952; Code 1896, §4258; Code 1907, §6167; Code 1923, §10592; Code 1940, T. 61, […]
Section 43-8-221 – Choice of Law as to Meaning and Effect of Wills.
Section 43-8-221 Choice of law as to meaning and effect of wills. The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in his instrument unless the application of that law is contrary to the provisions relating to the […]
Section 43-8-255 – Administrators With Will Annexed Have Same Powers as Executors.
Section 43-8-255 Administrators with will annexed have same powers as executors. Administrators with the will annexed have the same powers and authority over the estates which executors named in the will would have, and their acts are as effectual for all purposes. (Code 1923, §10595; Code 1940, T. 61, §22; Code 1975, §43-1-18.)