Procedure; prior proceedings or rights
Sec. 2. (a) The procedure herein prescribed shall govern all
proceedings in probate brought after January 1, 1954; and also all
further procedure in probate proceedings then pending, except to the
extent that in the opinion of the court their application in particular
proceedings or parts thereof would not be feasible or would work
injustice, in which event the former procedure shall apply.
(b) No act done in any proceeding commenced before January 1,
1954, and no accrued right, shall be impaired by its provisions. When
a right is acquired, extinguished or barred upon the expiration of a
prescribed period of time which has commenced to run by the
provision of the law in force at the time, such provision shall remain
in force and be deemed a part of this article with respect to such
right, and not withstanding any of the provisions of this article, the
person or persons who shall be entitled to take or receive any
property, right, power or interest on the final settlement and
distribution of any estate pending or any trust being administered on
January 1, 1954 shall be determined, and his or their rights, powers
and interest shall be governed by the statutes and applicable
decisions in force and effect immediately prior to January 1, 1954.
(c) If any provision of this article or the application thereof to any
person or circumstances is held invalid, such invalidity shall not
affect other provisions or applications of the article which can be
given effect without the invalid provision or application, and to this
end the provisions of this article are declared to be severable.
(Formerly: Acts 1953, c.112, s.102.) As amended by Acts 1982,
P.L.171, SEC.2.
Last modified: May 27, 2006