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Article 1. Capacity to Make; Requisites; Validity
§41-1-1. Who May Make Will and as to What Property - Every person not prohibited by the following section may, by...
§41-1-2. Who May Not Make Will - No person of unsound mind, or under the age of...
§41-1-3. Must Be in Writing; Witnesses - No will shall be valid unless it be in writing...
§41-1-4. Execution of Power of Appointment - No appointment made by will, in the exercise of any...
§41-1-5. Wills of Personal Estate by Soldiers, Sailors or Nonresidents - Notwithstanding the two preceding sections, a soldier being in actual...
§41-1-6. Revocation by Divorce; No Revocation by Other Changes of Circumstances - (a) If after executing a will the testator is divorced...
§41-1-7. Revocation Generally - No will or codicil, or any part thereof, shall be...
§41-1-8. Revival After Revocation - No will or codicil, or any part thereof, which shall...
§41-1-9. Effect of Subsequent Conveyance - No conveyance or other act subsequent to the execution of...
§41-1-10. On What Wills Chapter Operates; When Re-Executed Wills Deemed to Be Made - The validity and effect of wills executed prior to the...
Article 2. Competency of Witnesses
§41-2-1. Competency of Witnesses Who Are Beneficiaries - If a will be attested by a person to whom,...
§41-2-2. Creditors May Be Witnesses - If a will charging any estate with debts be attested...
§41-2-3. Executor May Be Witness - No person shall, on account of his being executor of...
Article 3. Provisions as to Construction
§41-3-1. When Will Takes Effect - A will shall be construed, with reference to the estate...
§41-3-2. When Advancement Deemed Satisfaction of Devise or Bequest - A provision for or advancement to any person shall be...
§41-3-3. Death of Devisee or Legatee Before Testator - If a devisee or legatee die before the testator, or...
§41-3-4. Failure or Invalidity of Devise or Bequest - Unless a contrary intention shall appear by the will, such...
§41-3-5. Construction of Devises in General Terms - A devise of the land of the testator, or of...
§41-3-6. Operation of Devise or Bequest as Exercise of Power of Appointment - A devise or bequest shall extend to any real or...
§41-3-7. Courts of Equity May Construe Wills - Notwithstanding any other provision of law, and notwithstanding there is...
§41-3-8. Testamentary Additions to Trusts - (a) A will may validly devise or bequeath property to...
§41-3-9. Effect on Existing Wills - Sections eight, nine, ten and eleven of this article apply...
§41-3-10. Uniformity of Application and Construction - Sections eight through eleven of this article shall be applied...
§41-3-11. Short Title - Sections eight through eleven of this article may be cited...
Article 4. Provisions as to Pretermitted Children
§41-4-1. Where No Child Living When Will Made - If any person die leaving a child, or his wife...
§41-4-2. Where Child Living When Will Made - If a will be made when a testator has a...
Article 5. Production, Probate and Record of Wills
§41-5-1. Custodian of Will to Deliver Same to Clerk of County Court or Executor; Liability for Neglect - A person having custody of a will shall, within thirty...
§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...
§41-5-3. Compelling Production of Will and Offer of Probate - A county court having jurisdiction to probate a will, or...
§41-5-4. Place of Probate - The county court shall have jurisdiction of the probate of...
§41-5-5. Procedure for Probate in Solemn Form - The county court, sitting in a regular or special session,...
§41-5-6. Hearing and Decision - If no contest be made, the court may, on the...
§41-5-7. Appeal From Probate Order -- When to Be Taken; Procedure - Any person feeling himself aggrieved by any order or judgment...
§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...
§41-5-9. Order as Bar to Suit in Equity - Every such order or judgment of a county court not...
§41-5-10. Ex Parte Procedure to Probate; Appeal - At, or at any time after, the production of a...
§41-5-11. Impeachment or Establishment of Will -- by Person Who Was Not Party to Prior Proceeding; Trial by Jury - After a judgment or order entered as aforesaid in a...
§41-5-12. Impeachment or Establishment in Court -- by Person Under Disability or Nonresident - Notwithstanding the two preceding sections, any person interested who, at...
§41-5-13. Ancillary Administration; Probate or Recordation of Foreign Will - (a) Where a will relative to any personalty or real...
§41-5-14. When Depositions Admissible - The deposition of an attesting witness or other person may...
§41-5-15. Proof of Will While Testator Living - Any or all of the attesting witnesses to any will,...
§41-5-16. Statements of Particulars in Will Contests - For the trial of any appeal under the provisions of...
§41-5-17. Probated Wills to Be Recorded and Indexed - Every will or authenticated copy of a will, when admitted...
§41-5-18. Recording in Other Counties; Duty of Personal Representative or Devisee - A duly certified copy of such will when probated, or...
§41-5-19. Title of Bona Fide Purchasers of Real Estate From Heirs - The title of a bona fide purchaser without notice and...
§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,...