§ 43-8-161 — Time Limit for Probate

Wills shall not be effective unless filed for probate within five years from the date of the death of the testator. If the testator was not an inhabitant of this state at the time of his or her death, the will may be admitted to probate in this state pursuant to Section 43-8-175, provided the will was admitted to probate, within five years from the date of death, in the state, territory or country where the testator resided at the time of death; provided further, that the probate in the state of the will of an inhabitant of another state, territory, or country shall not be effective against persons purchasing from the heirs of such testator if such purchase was made more than five years after the death of the testator and prior to February 24, 1959.

Legislative History

(Acts 1945, No. 196, p. 322; Acts 1949, No. 336, p. 501; Acts 1959, No. 587, p. 1475, §1; Code 1975, §43-1-37.)