(a) On a petition for the probate of a will, if the court finds that the testator is dead, that the instrument offered for probate was executed in all respects according to law when the testator was competent to do so and acting without undue influence, fraud, or restraint, that the will was not revoked, and that the instrument is his or her last will, then the will shall be admitted to probate as the last will of the testator, but the order need not recite such findings.
(b) On the petition for the appointment of an executor or general administrator, the court shall determine whether the deceased died testate or intestate and shall grant letters accordingly or, on proper grounds, deny the petition.
Section: Previous 28-40-110 28-40-111 28-40-112 28-40-113 28-40-114 28-40-115 28-40-116 28-40-117 28-40-118 28-40-119 28-40-120 28-40-121 28-40-122 28-40-123 NextLast modified: November 15, 2016