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32-5-105 - Unprobated will from state or country not requiring probate.

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32-5-105. Unprobated will from state or country not requiring probate. (a)When a duly authenticated copy of a will from any state or country, where probate is not required by the laws of that state or country, with a duly authenticated certificate of the legal custodian of the original will that the copy is a true copy, and that the will has become operative by the laws of that state or country, and when a copy of a notarial will in possession of a notary in a foreign state or country entitled to the custody of the will, the laws of which state or country require that the will remain in the custody of the notary, duly authenticated by the notary, is presented by the executor or other persons interested to the proper court in this state, that court shall appoint a time and place of hearing and notice of the hearing shall be given as in case of an original will presented for probate. (b)If it appears to the court that the instrument ought to be allowed in this state, as the last will and testament of the deceased, the copy shall be filed and recorded, and the will shall have the same effect as if originally proved and allowed in the court.[Acts 1919, ch. 77, § 4; Shan. Supp., §§ 3924a14, 3924a15; Code 1932, §§ 8116, 8117; T.C.A. (orig. ed.), §§ 32-504, 32-505.]
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  • 32-5-105. Unprobated will from state or country not requiring probate.

    (a)  When a duly authenticated copy of a will from any state or country, where probate is not required by the laws of that state or country, with a duly authenticated certificate of the legal custodian of the original will that the copy is a true copy, and that the will has become operative by the laws of that state or country, and when a copy of a notarial will in possession of a notary in a foreign state or country entitled to the custody of the will, the laws of which state or country require that the will remain in the custody of the notary, duly authenticated by the notary, is presented by the executor or other persons interested to the proper court in this state, that court shall appoint a time and place of hearing and notice of the hearing shall be given as in case of an original will presented for probate.

    (b)  If it appears to the court that the instrument ought to be allowed in this state, as the last will and testament of the deceased, the copy shall be filed and recorded, and the will shall have the same effect as if originally proved and allowed in the court.

    [Acts 1919, ch. 77, § 4; Shan. Supp., §§ 3924a14, 3924a15; Code 1932, §§ 8116, 8117; T.C.A. (orig. ed.), §§ 32-504, 32-505.]  

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