Current through 2023-2024 Legislative Session Chapter 709
Section 53-4-46 - Presumption of intent(a) A presumption of intent to revoke arises if the original of a testator's will cannot be found to probate.(b) A copy of a will may be offered for probate in accordance with Chapter 5 of this title in lieu of the original will if the original cannot be found to probate, provided that the copy is proved by a preponderance of the evidence to be a true copy of the original will and that the presumption of intent to revoke set forth in subsection (a) of this Code section is rebutted by a preponderance of the evidence.