§560:3-308 Informal appointment proceedings; proof and findings required. (a) In informal appointment proceedings, the registrar must determine whether:
(1) The application for informal appointment of a personal representative is complete;
(2) The applicant has made an oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief;
(3) The applicant appears from the application to be an interested person as defined in section 560:1-201;
(4) On the basis of the statements in the application, venue is proper;
(5) Any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator;
(6) Any notice required by section 560:3-204 has been given; and
(7) From the statements in the application, the person whose appointment is sought has priority entitling the person to the appointment.
(b) Unless section 560:3-612 controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in section 560:3-610(c) has been appointed in this or another judicial circuit of this State, that (unless the applicant is the domiciliary personal representative or the domiciliary personal representative's nominee) the decedent was not domiciled in this State and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, or that other requirements of this section have not been met. [L 1996, c 288, pt of §1]
Section: Previous 560-3-301 560-3-302 560-3-303 560-3-304 560-3-305 560-3-306 560-3-307 560-3-308 560-3-309 560-3-310 560-3-311 560-3-312-to-560-3-322 560-3-401 560-3-402 560-3-403 NextLast modified: October 27, 2016