14-3308. 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 oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief.
3. The applicant appears from the application to be a person permitted to apply as provided in section 14-3301, subsection A.
4. On the basis of the statements in the application, venue is proper.
5. Any will to which the requested appointment relates has been or is being simultaneously formally or informally probated, except this requirement does not apply to the appointment of a special administrator.
6. Any notice required by section 14-3204 has been given.
7. From the statements in the application, the person whose appointment is sought has priority entitling him to the appointment.
8. The will, if any, requires supervised administration.
B. Unless section 14-3612 controls, the application must be denied if it indicates any of the following:
1. A personal representative who has not filed a written statement of resignation as provided in section 14-3610, subsection C has been appointed in this or another county of this state.
2. The decedent was not domiciled in this state, a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile and the applicant is not the domiciliary personal representative or his nominee.
3. Other requirements of this section have not been met.
Section: Previous 14-3301 14-3302 14-3303 14-3304 14-3305 14-3306 14-3307 14-3308 14-3309 14-3310 14-3311 14-3401 14-3402 14-3403 14-3404 NextLast modified: October 13, 2016