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.)
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, […]
Section 43-8-196 – Costs.
Section 43-8-196 Costs. The costs of any contest under the provisions of this article must be paid by the party contesting if he fails; otherwise, it must be paid by the plaintiff or out of the estate, or in such proportion by the plaintiff or out of the estate as the court may direct; and […]
Section 43-8-167 – Mode of Proving Will Generally.
Section 43-8-167 Mode of proving will generally. (a) Wills offered for probate, except nuncupative wills, must be proved by one or more of the subscribing witnesses, or if they be dead, insane or out of the state or have become incompetent since the attestation, then by the proof of the handwriting of the testator, and […]