75-3-102 - Necessity of order of probate for will.
75-3-102. Necessity of order of probate for will.
Except as provided in Section 75-3-1201, to be effective to prove the transfer of anyproperty or to nominate a personal representative, a will must be declared to be valid by an orderof informal probate by the registrar, or an adjudication of probate by the court, except that a dulyexecuted and unrevoked will which has not been probated may be admitted as evidence of adevise if both:
(1) no court proceeding concerning the succession or administration of the estate hasoccurred; and
(2) either the devisee or the devisee's successors and assigns possessed the propertydevised in accordance with the provisions of the will, or the property devised was not possessedor claimed by anyone by virtue of the decedent's title during the time period for testacyproceedings.
Amended by Chapter 110, 1988 General Session