14-3102. Necessity of statement or order of
probate for will; exception
Except as provided in section 14-3971, to be effective to prove the transfer of any
property or to nominate an executor, a will must be declared to be valid by a statement
of informal probate by the registrar, or an adjudication of probate by the court, except
that a duly executed and unrevoked will which has not been probated may be admitted as
evidence of a devise if both:
1. No court proceeding concerning the succession or administration of the estate
has occurred.
2. Either the devisee or his successors and assigns possessed the property devised
in accordance with the provisions of the will, or the property devised was not possessed
or claimed by anyone by virtue of the decedent's title during the time period for testacy
proceedings.
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