72-3-302. Formal testacy proceedings -- nature -- how and when commenced. (1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will.
(2) A formal testacy proceeding may be commenced by an interested person filing a petition:
(a) as described in 72-3-301(1) in which the person requests that the court, after notice and hearing, enter an order probating a will;
(b) to set aside an informal probate of a will or to prevent informal probate of a will that is the subject of a pending application; or
(c) for an order that the decedent died intestate.
(3) A petition may seek formal probate of a will without regard to whether the will or a conflicting will has been informally probated.
(4) A formal testacy proceeding may but need not involve a request for appointment of a personal representative.
History: En. 91A-3-401 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-401(part); amd. Sec. 2327, Ch. 56, L. 2009.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.