75-3-101. 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 […]
75-3-102. Necessity of order of probate for will. Except as provided in Section 75-3-1201, 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 by the court, […]
75-3-103. Necessity of appointment for administration. Except as otherwise provided in Title 75, Chapter 4, Foreign Personal Representatives – Ancillary Administration, 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. […]
75-3-104. Claims against decedent — Necessity of administration. No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by […]
Effective 5/12/2020 75-3-104.5. Notice to the Office of Recovery Services. Within 30 days after the day on which a person files an application or a petition for probate under this chapter for a decedent who was at least 55 years old, the court shall provide notice of the application or petition to the Office of […]
75-3-105. Proceedings affecting devolution and administration — Jurisdiction of subject matter. (1) Persons interested in decedents’ estates may apply to the registrar for determination in the informal proceedings provided in this chapter and may petition the court for orders in formal proceedings within the court’s jurisdiction, including, but not limited to those described in this […]
75-3-106. Scope of proceedings — Proceedings independent — Exception. (1) Unless supervised administration as described in Part 5, Supervised Administration, is involved: (a) Each proceeding before the court or registrar is independent of any other proceeding involving the same estate. (b) Petitions for formal orders of the court may combine various requests for relief in […]
Effective 5/8/2018 75-3-107. Probate and testacy proceedings — Ultimate time limit — Presumption and order of intestacy. (1) An informal probate proceeding or formal testacy proceeding, other than a proceeding to probate a will previously probated at the testator’s domicile, may not be commenced more than three years after the decedent’s death, except: (a) if […]
75-3-108. Statutes of limitation on decedent’s cause of action. No statute of limitation 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 12 months after death. A cause […]
Effective 5/9/2017 75-3-109. Letters upon several estates jointly. (1) Upon application or petition by any person interested in two or more estates, the registrar may, in an informal proceeding without a hearing, or the court may, in a formal proceeding after notice and hearing, grant letters upon these estates jointly if administration has not commenced […]
