§560:3-409 Formal testacy proceedings; order; foreign will. After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was commenced within the limitation prescribed by section 560:3-108, it shall determine the decedent's domicile at death, the decedent's heirs and the decedent's state of testacy. Any will found to be valid and unrevoked shall be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by section 560:3-612. The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a place which does not provide for probate of a will after death, may be proved for probate in this State by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place. [L 1996, c 288, pt of §1]
Rules of Court
Proof of official record, see HPR rule 15.
Section: Previous 560-3-402 560-3-403 560-3-404 560-3-405 560-3-406 560-3-407 560-3-408 560-3-409 560-3-410 560-3-411 560-3-412 560-3-413 560-3-414 560-3-501 560-3-502 NextLast modified: October 27, 2016