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, except that a duly
executed and unrevoked will which has not been probated may be admitted as evidence of a
devise if both:
(1) no court proceeding concerning the succession or administration of the estate has
occurred; and
(2) either the devisee or the devisee's successors and assigns possessed the property
devised in accordance with the provisions of the will, or the property devised was not possessed
or claimed by anyone by virtue of the decedent's title during the time period for testacy
proceedings.
Amended by Chapter 110, 1988 General Session
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Last revised: Thursday, May 28, 2009