75-3-409. Formal testacy proceedings -- Order -- Foreign will.
After the time required for any notice has expired, upon proof of notice, and after any
hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that
the proceeding was commenced within the limitation prescribed by Section 75-3-107, it shall
determine the decedent's domicile at death, his heirs, and his state of testacy. Any will found to be
valid and unrevoked shall be formally probated. Termination of any previous informal
appointment of a personal representative, which may be appropriate in view of the relief
requested and findings, is governed by Section 75-3-612. The petition shall be dismissed or
appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A
will from a place which does not provide for probate of a will after death may be proved for
probate in this state by a duly authenticated certificate of its legal custodian that the copy
introduced is a true copy and that the will has become effective under the law of the other place.
Enacted by Chapter 150, 1975 General Session
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Last revised: Thursday, May 28, 2009