(a) The administration of the estate of a decedent from the filing of the petition for probate and administration or for administration until the order of final distribution and the discharge of the last personal representative shall be considered as one (1) proceeding for purposes of jurisdiction. (b) The entire proceeding is a proceeding in […]
(a) The venue for the probate of a will and for administration shall be: (1) In the county in this state where the decedent resided at the time of his or her death; (2) If the decedent did not reside in this state, then in the county wherein is situated the greater part, in value, […]
(a) No will shall be admitted to probate and no administration shall be granted unless application is made to the court for admission to probate within five (5) years from the death of the decedent, subject only to the exceptions stated in this section. (b) This section shall not affect the availability of appropriate equitable […]
(a) No will shall be effectual for the purpose of proving title to or the right to the possession of any real or personal property disposed of by the will until it has been admitted to probate. (b) Except as provided in § 28-41-101, to be effective to prove the transfer of any property or […]
(a) After the death of a testator, the person having custody of his or her will shall deliver it to the court which has jurisdiction of the estate or to the executor named in the will. (b) (1) Upon the written motion of an interested person, the clerk shall issue a citation against any person […]
(a) Prior to the probate of the will and granting of letters testamentary, a person nominated in the will to be executor may take such steps as are reasonably necessary in the management and preservation of the property and rights of the decedent and, subject to the prior rights of members of the immediate family […]
(a) An interested person may petition the court of the proper county: (1) For the admission of the will to probate, although it may not be in his or her possession or may be lost, destroyed, or outside the state; (2) For the appointment of executor if one is nominated in the will; (3) For […]
(a) (1) If an interested person desires to be notified before a will is admitted to probate or before a general personal representative is appointed, he or she may file with the clerk a demand for notice. (2) A demand for notice is not effective unless it contains a statement of the interest of the […]
Upon filing the petition for probate or for the appointment of a general personal representative, if no demand for notice has been filed as provided in § 28-40-108, and if such a petition is not opposed by an interested person, the court in its discretion may hear it immediately or at such time and place […]
(a) If the petition for probate or for the appointment of a general personal representative is opposed, or if a demand for notice has been filed under the provisions of § 28-40-108, the court shall, and in all other cases the court may, fix a time and place for a hearing on the petition. (b) […]
(a) (1) (A) Promptly after the letters have been granted on the estate of a deceased person, the personal representative shall cause a notice of his or her appointment to be published stating the date of his or her appointment and requiring all persons having claims against the estate to exhibit them, properly verified to […]
Whenever there is reasonable doubt that the person whose estate is to be administered is dead, the court, upon application of an interested person, may direct the personal representative to make search for the alleged decedent in any manner which the court may deem advisable, including, but not limited to, any or all of the […]
(a) An interested person may contest the probate of a will, or any part thereof, by stating in writing the grounds of his or her objection and filing them in the court. (b) No will can be contested unless the grounds of objection are filed within the periods hereinafter provided: (1) If the ground of […]
(a) (1) If a statement for grounds for objection to admitting the will to probate is filed before it has been admitted and the notice provided for in § 28-40-110 has been given, no further notice is necessary unless ordered by the court. (2) If the notice provided for in § 28-40-110 has not been […]
(a) If, prior to the filing of an objection to the probate of a will, real or personal property or any security interest therein is acquired for value by a purchaser from, or a lender to, the personal representative of the estate or a distributee or devisee of the property by the terms of a […]
(a) If, after a petition for the probate of a will or for the appointment of a general personal representative has been filed and before that petition has been heard, a petition for the probate of a will of the decedent not theretofore presented for probate is filed, the court shall hear both petitions together […]
(a) An attested will shall be proved as follows: (1) By the testimony of at least two (2) attesting witnesses, if living at known addresses within the continental United States and capable of testifying; or (2) (A) If only one (1) or neither of the attesting witnesses is living at a known address within the […]
(a) If the probate of a will is not contested, the testimony of the required witnesses may be taken by affidavit, unless the court shall direct otherwise. (b) If the will is contested, or on motion of an interested person made prior to admission of the will to probate, the will shall be established by […]
(a) On a petition for the probate of a will, if the court finds that the testator is dead, that the instrument offered for probate was executed in all respects according to law when the testator was competent to do so and acting without undue influence, fraud, or restraint, that the will was not revoked, […]
(a) When a will of a nonresident of this state, relative to property within this state, has been admitted to probate in another appropriate jurisdiction, an authenticated copy thereof, accompanied by an authenticated copy of the order admitting the will to probate, may be filed for probate in this state. (b) When so filed, together […]
