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§ 15-12-101. Devolution of Estate at Death; Restrictions

The power of a person to leave property by will and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates. Upon the death of a person, his real and personal property devolves to the persons to […]

§ 15-12-102. Necessity of Order of Probate for Will

Except as provided in sections 15-12-901, 15-12-1201, 15-13-204, and 15-13-205 and in part 13 of this article, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate […]

§ 15-12-103. Necessity of Appointment for Administration

Except as otherwise provided in article 13 of this title, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registrar, qualify, and be issued letters. Administration of an estate is commenced by the issuance of letters. […]

§ 15-12-104. Claims Against Decedent

No claim may be presented and no proceeding to enforce a claim against the estate of a decedent or his or her successors may be revived or commenced before the appointment of a personal representative, except as permitted by section 15-12-804. After the appointment and until distribution, all proceedings and actions to enforce a claim […]

§ 15-12-107. Scope of Proceedings – Proceedings Independent – Exception

Unless supervised administration as described in part 5 of this article is involved: Each proceeding before the court or registrar is independent of any other proceeding involving the same estate; Petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted […]

§ 15-12-108. Probate, Testacy, and Appointment Proceedings – Ultimate Time Limit

No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator’s domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than three years after the decedent’s death, except: If a […]

§ 15-12-109. Statutes of Limitations on Decedent’s Cause of Action

No statute of limitations running on a cause of action belonging to a decedent which had not been barred as of the date of his death shall apply to bar a cause of action surviving the decedent’s death sooner than one year after death. A cause of action which, but for this section, would have […]