Title 28 — — Appendix Administrative Order Number 12 — Official Probate Forms

(a) A writ shall be issued to the sheriff of the proper county commanding the sheriff to seize the real estate vested in the county. (b) Upon the return of the writ of seizure, the prosecuting attorney for the district shall:(1) Cause the record and process to be exemplified unde…

(a) The county judge may cause the estate to be sold at any time after seizure, in such manner as may be provided by the quorum court. In such a case, the claimants shall be entitled to the proceeds, in lieu of the real estate, upon obtaining a decree or order reclaiming the esch…

(a) (1) (A) If any person appears within seven (7) years after the death of the intestate and claims any money paid into the treasury under this chapter as heir or legal representative, he or she may file a petition in the circuit court in the county in which the decedent resided…

Any party who has appeared to any proceedings, and the prosecuting attorney for the circuit on behalf of the county, shall have the right to prosecute an appeal or writ of error upon the judgment.

The county treasurer shall keep just accounts of all moneys paid into the treasury and of all lands vested in the county under the provisions of this chapter.

(1) In this chapter, unless the context otherwise requires:(1) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of t…

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in ben…

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office maki…

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.

Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD,” or by the words “pay on death” or the abbreviation “POD,” after the name of the registered owner and before the name of a beneficiary.

The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be cancelled or changed at any time by the sole owner or all then surviving owners without the conse…

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the reg…

(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given…

(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this chapter and is not testamentary. (b) This chapter does not limit the rights of credito…

(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including request…

(1) This chapter shall be known as and may be cited as the “Uniform TOD Security Registration Act.” (2) This chapter shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this chapter amo…

This act applies to registrations of securities in beneficiary form made before or after August 13, 1993, by decedents dying on or after August 13, 1993.

This chapter may be cited as the Uniform Community Property Disposition at Death Act.

(1) In this chapter:(1) “Community-property spouse” means an individual in a marriage or other relationship:(A) under which community property could be acquired during the existence of the relationship; and(B) that remains in existence at the time of death of either party to the …

(a) Subject to subsection (b), this chapter applies to the following property of a community-property spouse, without regard to how the property is titled or held:(1) if a decedent was domiciled in this state at the time of death:(A) all or a proportionate part of each item of pe…

(a) Community-property spouses domiciled in this state may partition or reclassify property to which this chapter otherwise would apply. The partition or reclassification must be in a record signed by both community-property spouses. (b) A community-property spouse domiciled in t…

All property acquired by a community-property spouse when domiciled in a jurisdiction where community property then could be acquired by the community-property spouse by operation of law is presumed to be community property. This presumption may be rebutted by a preponderance of …

(a) One-half of the property to which this chapter applies belongs to the surviving community-property spouse of a decedent and is not subject to disposition by the decedent at death. (b) One-half of the property to which this chapter applies belongs to the decedent and is subjec…

(a) At the death of a community-property spouse, the surviving community-property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of:(1) the surviving community-property spouse or decedent during the marriage …

(a) The surviving community-property spouse of the decedent may assert a claim for relief with respect to a right under this chapter in accordance with the following rules:(1) In an action asserting a right in or to property, the surviving community-property spouse must:(A) not l…

(1) An heir, devisee, or nonprobate transferee of a deceased community-property spouse may assert a claim for relief with respect to a right under this chapter in accordance with the following rules:(1) In an action asserting a right in or to property, the heir, devisee, or nonpr…

(a) With respect to property to which this chapter applies, a person is not liable under this chapter to the extent the person:(1) transacts in good faith and for value:(A) with a community-property spouse; or(B) after the death of the decedent, with a surviving community-propert…

The principles of law and equity supplement this chapter except to the extent inconsistent with this chapter.

In applying and construing this chapter, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.

If a right with respect to property to which this chapter applies is acquired, extinguished, or barred on the expiration of a limitation period that began to run under another statute before August 1, 2023, that statute continues to apply to the right even if the statute has been…

Except as provided in § 28-15-113, this chapter applies to a judicial proceeding with respect to property to which this chapter applies commenced on or after August 1, 2023, regardless of the date of death of the decedent.

(a) A valid agreement made by a testator to convey property devised in a will previously made shall not revoke the previous devise, but the property shall pass by the will subject to the same remedies on the agreement against the devisee as might have been enforced against the de…

In case of a guardian's sale or other transfer of any real or personal property specifically devised by a ward who was competent to make the will, but was incompetent at the time of the sale or transfer and never became competent thereafter, so that the devised property is not co…

Any person of sound mind eighteen (18) years of age or older may make a will.

(a) Any person, eighteen (18) years of age or older, competent to be witness generally in this state may act as attesting witness to a will. (b) No will is invalidated because attested by an interested witness, but an interested witness, unless the will is also attested by two (2…

(a) The execution of a will, other than holographic, must be by the signature of the testator and of at least two (2) witnesses. (b) (1) The testator shall declare to the attesting witnesses that the instrument is his or her will and either:(A) Himself or herself sign;(B) Acknowl…

When the entire body of the will and the signature shall be written in the proper handwriting of the testator, the will may be established by the evidence of at least three (3) credible disinterested witnesses to the handwriting and signature of the testator, notwithstanding ther…

A will executed outside this state in a manner prescribed by §§ 28-25-101 — 28-25-104 or a written will executed outside this state in a manner prescribed by the law of the place of its execution or by the law of the testator's domicile at the time of its execution shall have the…

(a) Any attesting witness to a will may make and sign an affidavit before any officer authorized to administer oaths in this state or in any other state stating such facts as he or she would be required to testify to in an uncontested probate proceeding concerning the will. (b) T…

(a) Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. (b) (1) Whether or not the provisions relating to holographic wills apply, …

(a) Deposit of Will. A will may be deposited by the person making it, or by some person for him or her, with the circuit court of the county of his or her residence, to be safely kept until delivered or disposed of as provided in this section. On being paid the fee of five dollar…

(a) A will or any part thereof is revoked:(1) By a subsequent will which revokes the prior will or part expressly or by inconsistency; or(2) By being burned, torn, cancelled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by anoth…

No will or any part thereof which shall be revoked, or which shall be or become invalid, can be revived otherwise than by a reexecution thereof, or by the execution of another will in which the revoked or invalid will or part thereof is incorporated by reference.

A testamentary change to a designated or named beneficiary of a life insurance policy or annuity contract is ineffective if the change is not made according to the terms of the life insurance policy or annuity contract.

(a) The court in which a will is probated or to which the administration proceeding may have been transferred shall have jurisdiction to construe it at any time during the administration. (b) The construction may be made on the petition of the personal representative or of any ot…

Property acquired by the testator after the making of the testator's will shall pass as if title to the property was vested in the testator at the time of making the will, unless the contrary intention manifestly appears in the will.

If part but not all of the estate of a decedent is validly disposed of by will, the part not disposed of by will shall be distributed as provided by law with respect to the estates of intestates.

(1) Unless a contrary intent is indicated by the terms of the will, the following rules shall apply:(1) Except as provided in subdivision (2) of this section:(A) If a devise other than a residuary devise fails for any reason, it becomes a part of the residue; and(B) If the residu…

A valid charge or encumbrance upon any property shall not revoke any provision of a previously executed will relating to the same property. However, the devisee shall take the property subject to the charge or encumbrance, the discharge of which will be governed by the provisions…

(a) A will may validly devise or bequeath property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, al…