§ 28-40-120 — Probate of will of nonresident

(a) When a will of a nonresident of this state, relative to property within this state, has been admitted to probate in another appropriate jurisdiction, an authenticated copy thereof, accompanied by an authenticated copy of the order admitting the will to probate, may be filed for probate in this state. (b) When so filed, together with a petition for the admission of the will to probate in this state, the court shall: (1) Presume, in the absence of evidence to the contrary, that the will was duly executed and proved and admitted to probate in the foreign jurisdiction; and (2) Admit the will to probate if it appears from the copy and order that the will was executed and proved in the manner prescribed by: (A) The law of the place of its execution; (B) The law of the testator's domicile at the time of its execution; or (C) The laws of this state. (c) Unless the will is executed in accordance with § 28-25-103 or § 28-25-104 , the petition for its probate shall state the time and place of its execution and the testator's domicile at the time of its execution and at the time of his or her death. (d) (1) Venue for the proceeding shall be governed by the provisions of § 28-40-102 . (2) Notice of the probation of the will shall be governed by the provisions of § 28-40-111 .

Legislative History

Acts 1949, No. 140, § 60; 1967, No. 287, § 3; A.S.A. 1947, § 62-2121.