Toler v. Murray

Donna Hammers Toler seeks appellate review of an order of the Calhoun Probate Court denying her petition to probate a will. We hold that she is entitled to relief.

The facts are undisputed. On April 16, 2003, Claude Lehman Hammers executed a self-proving instrument purporting to be his last will. Hammers died on June 12, 2003. On July 21, 2003, Toler, the executrix designated in the document, petitioned the Calhoun Probate Court to admit the will to probate.

On August 11, 2003, although no one had challenged the petition, Probate Judge Arthur C. Murray denied it. His order stated, in pertinent…