SECTION 3-410.
FORMAL TESTACY PROCEEDINGS; PROBATE OF MORE THAN ONE INSTRUMENT Uniform Probate Code
If two or more
instruments are offered for probate before a final order is entered in a formal
testacy proceeding, more than one instrument may be probated if neither
expressly revokes the other or contains provisions which work a total
revocation by implication. If more than one instrument is probated, the order
shall indicate what provisions control in respect to the nomination of an
executor, if any. The order may, but need not, indicate how many provisions of
a particular instrument are affected by the other instrument. After a final
order in a testacy proceeding has been entered, no petition for probate of any
other instrument of the decedent may be entertained, except incident to a
petition to vacate or modify a previous probate order and subject to the time
limits of Section 3-412.
Comment
Except as
otherwise provided in Section 3-412, an order in a formal testacy proceeding
serves to end the time within which it is possible to probate after-discovered
wills, or to give effect to late-discovered facts concerning heirship.
Determination of heirs is not barred by the
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three year
limitation but a judicial determination of heirs is conclusive unless the order
may be vacated.
This section authorizes a court to engage in
some construction of wills incident to determining whether a will is entitled
to probate. It seems desirable to leave the extent of this power to the sound
discretion of the court. If wills are not construed in connection with a
judicial probate, they may be subject to construction at any time. See Section
3-108.
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