Title 53, Chapter 5, Section 21
( 53-5-21)
(a) A will may be proved in solemn form after due notice, upon the testimony of all the witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator as provided in Code Section 53-5-23. The testimony of only one witness shall be required to prove the will in solemn form if no caveat is filed. If a will is self-proved, compliance with signature requirements and other requirements of execution is presumed subject to rebuttal without the necessity of the testimony of any witness upon filing the will and affidavit annexed or attached thereto. (b) The petition to probate a will in solemn form shall set forth
the full name, the place of domicile, and the date of death of the
testator; the mailing address of the petitioner; the names, ages or
majority status, and addresses of the surviving spouse and of all
the other heirs, stating their relationship to the testator; and
whether, to the knowledge of the petitioner, any other proceedings
with respect to the probate of another purported will of the
testator are pending in this state and, if so, the names and
addresses of the propounders and the names, addresses, and ages or
majority status of the beneficiaries under the other purported will.
In the event full particulars are lacking, the petition shall state
the reasons for any omission. The petition shall conclude with a
prayer for issuance of letters testamentary. If all of the heirs
acknowledge service of the petition and notice and shall in their
acknowledgment assent thereto, and if there are no other proceedings
pending in this state with respect to the probate of another
purported will of the decedent, the will may be probated and letters
thereupon may issue without further delay. |