§ 62-3-1101 — Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons.

A compromise of a controversy as to admission to probate of an instrument offered for formal probate as the will of a decedent, the construction, validity, or effect of a probated will, the rights or interests in the estate of the decedent, of a successor, or the administration of the estate, if approved by the court after hearing, is binding on all the parties including those unborn, unascertained, or who could not be located. An approved compromise is binding even though it may affect a trust or an inalienable interest. A compromise does not impair the rights of creditors or of taxing authorities who are not parties to it. A compromise approved pursuant to this section is not a settlement of a claim subject to the provisions of Section 62-5-433.

Legislative History

HISTORY: 1986 Act No. 539, SECTION 1; 1997 Act No. 152, SECTION 19; 2010 Act No. 244, SECTION 21, eff June 7, 2010; 2013 Act No. 100, SECTION 1, eff January 1, 2014.