Title 53, Chapter 5, Section 1
( 53-5-1)
(a) The probate court shall have exclusive jurisdiction over the
probate of wills. (b) The county of domicile of the testator at death shall give
jurisdiction to the probate court of that county. (c) The domicile of a testator who was in the care of a nursing home
or other similar facility at the time of death shall be presumed to
be the county in which the testator was domiciled immediately before
entering the nursing home or other facility; provided, however, this
presumption may be rebutted. If it is determined by the probate
court that the testator considered or, in the absence of an
impairment of mental faculties, the testator would have considered
the county in which the facility is located to be the testator's
domicile, then for purposes of this Code section that county shall
be considered the testator's county of domicile. |