§ 101. Will not effective until allowed To be effective, a will must be allowed in the Probate Division of the Superior Court, or by appeal in the Civil Division of the Superior Court or the Supreme Court. (Amended 1985, No. 144 (Adj. Sess.), § 12; 2009, No. 154 (Adj. Sess.), § 120, eff. Feb. […]
§ 102. Allowance conclusive as to execution The allowance of a will shall be conclusive as to its due execution and validity. (Amended 1985, No. 144 (Adj. Sess.), § 13; 2017, No. 195 (Adj. Sess.), § 2.)
§ 103. Custodian of will to deliver If a person has the custody of a will, within 30 days after learning of the death of the testator, the custodian shall deliver the will to the Probate Division of the Superior Court where venue lies or to the executor named in the will. (Amended 1985, No. […]
§ 104. Executor to present will and accept or refuse trust (a) A person named executor in a will who has knowledge thereof shall file a death certificate and petition to open the decedent’s estate in the Probate Division of the Superior Court where venue lies with reasonable promptness. (b) A petition to open an […]
§ 106. Duty of custodian of will; liability (a) After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to an appropriate court. A person who intentionally refuses or fails to deliver a will after being […]
§ 107. Allowance of will; custody of property (a) If consents are filed by all the heirs at law and surviving spouse, a will may be allowed without hearing. If consents are not obtained, the court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure. (b) Objections […]
§ 108. Self-proved wills A will may be self-proved as to its execution, by the sworn acknowledgment of the testator and the witnesses, made before a notary public or other official authorized to administer oaths in the place of execution in the following circumstances: (1) The testator signed the instrument as the testator’s will or […]
§ 110. Absence of witness, proof When it appears to the court that a will cannot be proven as otherwise provided by law, because one or more of the subscribing witnesses are unavailable or incapable of testifying, the court may admit the will to probate upon the testimony in person or by affidavit of at […]
§ 111. Notice to beneficiaries Within 30 days after the allowance of a will, the court shall mail, postage paid, a written notice thereof to each beneficiary, devisee, or legatee named in the will, and to any other person who contested the allowance. (Amended 1985, No. 144 (Adj. Sess.), § 19; 2017, No. 195 (Adj. […]
§ 112. Wills made out of state (a) A last will and testament executed outside this State in the mode prescribed by the law, either of the place where executed or of the testator’s domicile, shall be deemed to be legally executed and shall be of the same force and effect as if executed in […]
§ 113. Wills allowed out of state—Generally A will allowed in any other state, or in a foreign country, according to the laws of that state or country, may be the subject of ancillary administration in the Probate Division of the Superior Court. (Amended 1971, No. 179 (Adj. Sess.), § 3; 1985, No. 144 (Adj. […]
§ 114. Petition and hearing on (a) When a will has been allowed in any other state or country, as provided in section 113 of this title, an executor or other person interested may file a petition for ancillary administration. The petition shall contain: (1) a duly authenticated copy of the decedent’s will and the […]
§ 115. Order for filing If the instrument is allowed in this State as the last will and testament of the deceased, the copy shall be filed and recorded and the will shall have the same effect as if originally allowed in the same court. (Amended 1971, No. 179 (Adj. Sess.), § 4; 1985, No. […]
§ 118. Referral to Superior Court The Probate Division of the Superior Court may, on its own motion or upon motion of an interested person, refer a matter directly to the Civil Division of the Superior Court for the purpose of conserving judicial resources. The Probate Division shall consult with and obtain the consent of […]
