§43-8-162. Where will probated.  


Latest version.
  • Wills must be proved in the several probate courts as follows:

    (1) When the testator, at the time of his death, was an inhabitant of the county, in the probate court of such county.

    (2) When the testator, not being an inhabitant of the state, dies in the county, leaving assets therein, in the probate court of such county.

    (3) When the testator, not being an inhabitant of the state, dies out of the county, leaving assets therein, in the probate of the county in which such assets, or any part thereof, are.

    (4) When the testator, not being an inhabitant of the state, dies, not leaving assets therein, and assets thereafter come into any county, in the probate court of any county into which such assets are brought.

    (5) In the probate court of the county designated by testator in the will if the testator owns property in such county at the time of his death.

(Code 1852, §1621; Code 1867, §1940; Code 1876, §2304; Code 1886, §1976; Code 1896, §4273; Code 1907, §6182; Code 1923, §10609; Code 1940, T. 61, §35; Code 1975, §43-1-38.)