75-3-409 - Formal testacy proceedings -- Order -- Foreign will.
75-3-409. Formal testacy proceedings -- Order -- Foreign will.
After the time required for any notice has expired, upon proof of notice, and after anyhearing that may be necessary, if the court finds that the testator is dead, venue is proper and thatthe proceeding was commenced within the limitation prescribed by Section 75-3-107, it shalldetermine the decedent's domicile at death, his heirs, and his state of testacy. Any will found to bevalid and unrevoked shall be formally probated. Termination of any previous informalappointment of a personal representative, which may be appropriate in view of the reliefrequested and findings, is governed by Section 75-3-612. The petition shall be dismissed orappropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. Awill from a place which does not provide for probate of a will after death may be proved forprobate in this state by a duly authenticated certificate of its legal custodian that the copyintroduced is a true copy and that the will has become effective under the law of the other place.
Enacted by Chapter 150, 1975 General Session