§41-5-2. Clerk to Notify Executor and Beneficiaries, and to Keep Will Safe in His Office
Upon delivery of a will unto him as provided in the next preceding section, the clerk shall notify by mail or otherwise the executor and the beneficiaries named in the will, of such delivery, and shall keep the same safe in his office until proceedings may be had for the probate thereof, or until it […]
§41-5-18. Recording in Other Counties; Duty of Personal Representative or Devisee
A duly certified copy of such will when probated, or of an authenticated copy of a foreign will admitted to record as a will of real estate, may be recorded in any other county of the state wherein there is any real estate devised by such will. It is the duty of the personal representative […]
§41-5-3. Compelling Production of Will and Offer of Probate
A county court having jurisdiction to probate a will, or the clerk thereof in the vacation of the court, upon being informed that any person has in his custody the will of a decedent, shall summon him and by proper process compel him to produce the same. Upon the production of the will it shall […]
§41-5-19. Title of Bona Fide Purchasers of Real Estate From Heirs
The title of a bona fide purchaser without notice and for valuable consideration from the heir or heirs at law of a person who has died heretofore, or who may die hereafter, having title to any real estate of inheritance in this state, shall not be affected by a devise of such real estate made […]
§41-5-4. Place of Probate
The county court shall have jurisdiction of the probate of wills according to the following rules: (a) In the county wherein the testator, at the time of his death, had a mansion house or known place of residence; or (b) If he had no such house or place of residence, then in the county wherein […]
§41-5-20. Title to Real Estate Devised by Wills; Rights of Devisees and Bona Fide Purchasers
The title of a bona fide purchaser of real estate, without notice and for valuable consideration, from the devisee or devisees of a testator, a will of whom has been duly admitted to probate devising such real estate, shall not be affected or impaired by any devise or other disposition of any such real estate […]
§41-5-5. Procedure for Probate in Solemn Form
The county court, sitting in a regular or special session, shall hear and determine all proceedings to admit a will to probate in solemn form. Upon or at any time after the production of a will, any person may offer the will for probate in solemn form by filing in the county court having jurisdiction […]
§41-5-6. Hearing and Decision
If no contest be made, the court may, on the return day of the summons on the petition, and, if contest be made, on the return day of the process upon notice of contest, or at any day thereafter fixed by the court, proceed to hear and determine the question of probate, and enter such […]
§41-5-7. Appeal From Probate Order — When to Be Taken; Procedure
Any person feeling himself aggrieved by any order or judgment of the county commission admitting or refusing to admit any will to probate may, within three months, or, if such a person be under any disability within three months after such disability ceases, file his petition in the circuit court of such county, or before […]
§41-5-8. Appeal From Probate Order — Other Testamentary Papers to Be Produced; Jury Trial if Desired
If there be more than one testamentary paper in question in any such proceeding, the circuit court shall order them all to be produced. The circuit court shall order a trial by jury, if demanded by any person interested, to ascertain whether the will in question, or if there be more than one, which of […]