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Division 1 - Execution of Will.
Section 43-8-130 - Who May Make a Will. - Any person 18 or more years of age who is...
Section 43-8-131 - Execution and Signature of Will; Witnesses. - Except as provided within section 43-8-135, every will shall be...
Section 43-8-132 - Self-Proved Will - Form and Execution; How Attested Will Made Self-Proved; Effect. - (a) Any will may be simultaneously executed, attested, and made...
Section 43-8-133 - Self-Proved Will - Making Attested Will Self-Proved. - An attested will may be made self-proved through compliance with...
Section 43-8-134 - Who May Witness Will. - (a) Any person generally competent to be a witness may...
Section 43-8-135 - Choice of Law as to Validity of Execution. - A written will is valid if executed in compliance with...
Section 43-8-136 - Revocation by Writing or by Act; When Witnesses Required. - (a) A will or any part thereof is revoked by...
Section 43-8-137 - Revocation by Divorce or Annulment; Revival by Remarriage; No Revocation by Other Changes or Circumstances. - If after executing a will the testator is divorced or...
Section 43-8-138 - When Will Revived on Revocation of Subsequent Will. - (a) If a second will which, had it remained effective...
Section 43-8-139 - Incorporation by Reference. - Any writing in existence when a will is executed may...
Section 43-8-140 - Testamentary Additions to Trusts. - A devise or bequest, the validity of which is determinable...
Section 43-8-141 - Reference to Events of Independent Significance. - A will may dispose of property by reference to acts...
Division 2 - Probate of Will.
Section 43-8-160 - Who May Have Will Probated. - Upon the death of a testator, any executor, devisee, or...
Section 43-8-161 - Time Limit for Probate. - Wills shall not be effective unless filed for probate within...
Section 43-8-162 - Where Will Probated. - Wills must be proved in the several probate courts as...
Section 43-8-163 - Probate Not Prevented by Subsequent Incompetency of Witnesses. - If the witnesses attesting the execution of any will are...
Section 43-8-164 - Notice to Surviving Spouse and Next of Kin - Generally. - Whenever an application is made to prove a will in...
Section 43-8-165 - Notice to Surviving Spouse and Next of Kin - Minors. - If any of the next of kin are minors, such...
Section 43-8-166 - Notice to Surviving Spouse and Next of Kin - Persons Outside State. - If either the surviving spouse or next of kin reside...
Section 43-8-167 - Mode of Proving Will Generally. - (a) Wills offered for probate, except nuncupative wills, must be...
Section 43-8-168 - Depositions of Witnesses. - When the subscribing witnesses, or any of them, reside out...
Section 43-8-169 - Recordation of Witnesses' Testimony. - If it appears, on the proof taken before the judge...
Section 43-8-170 - Certificate Endorsed on Will. - Every will so proved must have a certificate endorsed thereon,...
Section 43-8-171 - Admission of Will in Evidence. - Every will, so proved or endorsed, may be read in...
Section 43-8-172 - Protection of Bona Fide Purchasers, Etc. - Any will which is not propounded for probate in this...
Section 43-8-173 - Withdrawal of Will Before Probate. - When any will is filed with the probate judge or...
Section 43-8-174 - Withdrawal of Will for Proof Out of State. - Whenever any will has been proved and recorded for six...
Section 43-8-175 - Probate of Foreign Will. - When the testator was not, at the time of his...
Division 3 - Contesting Validity of Will.
Section 43-8-190 - Who May Contest Will; Filing Objections; Making Up Issue; Trial by Jury. - A will, before the probate thereof, may be contested by...
Section 43-8-191 - Time for Trial; Continuance; Summoning Witnesses. - Upon the institution of such contest, a day must be...
Section 43-8-192 - Drawing and Summoning of Jurors; Penalty for Default. - (a) The jury for the trial of such contest must...
Section 43-8-193 - Proceedings Against Defaulting Witness. - If any witness, being duly summoned, fails to attend, the...
Section 43-8-194 - Depositions of Witnesses; Rules Governing Procedure. - For the trial of such contest, depositions of witnesses may...
Section 43-8-195 - Admission or Rejection of Will. - When the judgment of the probate court is against the...
Section 43-8-196 - Costs. - The costs of any contest under the provisions of this...
Section 43-8-197 - Change of Venue. - (a) At any time before the trial of such contest,...
Section 43-8-198 - Transfer of Contest to Circuit Court; Appeal From Judgment of Circuit Court; Certification of Judgment, etc., to Probate Court. - Upon the demand of any party to the contest, made...
Section 43-8-199 - Contest in Circuit Court After Admission to Probate - Generally. - Any person interested in any will who has not contested...
Section 43-8-200 - Contest in Circuit Court After Admission to Probate - Parties; Conclusiveness of Judgment. - In the event a contest of the probate of a...
Section 43-8-201 - Contest in Circuit Court After Admission to Probate - Additional Time for Contest by Infants and Persons of Unsound Mind. - After the expiration of such six months, the validity of...
Section 43-8-202 - Contest in Circuit Court After Admission to Probate - Trial of Issues by Jury; Consideration of Witnesses' Testimony. - The circuit court may, in such case, direct an issue...