75-3-101 - Devolution of estate at death -- Restrictions.
75-3-101. Devolution of estate at death -- Restrictions.
The power of a person to leave property by will and the rights of creditors, devisees, andheirs to his property are subject to the restrictions and limitations contained in this code tofacilitate the prompt settlement of estates. Upon the death of a person his real and personalproperty devolves to persons to whom it is devised by his last will or to those indicated assubstitutes for them in cases involving lapse, renunciation, or other circumstances affecting thedevolution of testate estate, or in the absence of testamentary disposition, to his heirs, or to thoseindicated as substitutes for them in cases involving renunciation or other circumstances affectingdevolution of intestate estates, subject to homestead allowance, exempt property and familyallowance, rights of creditors, elective share of the surviving spouse, and administration.
Enacted by Chapter 150, 1975 General Session