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 43-8-173 – 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 43-8-174 – Withdrawal of Will for Proof Out of State.
Section 43-8-174 Withdrawal of will for proof out of state. Whenever any will has been proved and recorded for six months in any county of this state, as required by this article, and such will is required to be proved out of this state, the judge of probate may, on the application of the executor, […]
Section 43-8-175 – Probate of Foreign Will.
Section 43-8-175 Probate of foreign will. When the testator was not, at the time of his or her death, an inhabitant of this state, but was an inhabitant of some other state or territory of the United States of America, or of some other territory, district or country subject to the jurisdiction of the United […]
Section 43-8-190 – Who May Contest Will; Filing Objections; Making Up Issue; Trial by Jury.
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.
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.
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.
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.
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.
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, […]