§ 14-3601 – Qualification

14-3601. Qualification Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office.

§ 14-3602 – Acceptance of appointment; consent to jurisdiction

14-3602. Acceptance of appointment; consent to jurisdiction By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative, or mailed to him by ordinary first class […]

§ 14-3603 – Bond required; exceptions

14-3603. Bond required; exceptions A. A bond is required of a personal representative unless either: 1. The will expressly waives the bond. 2. All of the heirs if no will has been probated, or all of the devisees under a will that does not provide for waiver of the bond, file with the court a […]

§ 14-3604 – Bond amount; security; procedure; reduction

14-3604. Bond amount; security; procedure; reduction A. If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or petition, the person qualifying shall file a statement under oath with the registrar indicating his best estimate of the value of the personal estate of […]

§ 14-3606 – Terms and conditions of bonds

14-3606. Terms and conditions of bonds A. The following requirements and provisions apply to any bond required by this article: 1. Bonds shall name the state as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all duties according to law. […]

§ 14-3607 – Order restraining personal representative

14-3607. Order restraining personal representative A. On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or may exercise any powers or discharge any duties of his office, or may make any […]

§ 14-3608 – Termination of appointment; general

14-3608. Termination of appointment; general Termination of appointment of a personal representative occurs as indicated in sections 14-3609 through 14-3612. Termination ends the right and power pertaining to the office of personal representative as conferred by this title or any will, except that a personal representative, at any time prior to distribution or until restrained […]

§ 14-3609 – Termination of appointment; death or disability

14-3609. Termination of appointment; death or disability The death of a personal representative or the appointment of a conservator for the estate of a personal representative, terminates his appointment. Until appointment and qualification of a successor or special representative to replace the deceased or protected representative, the representative of the estate of the deceased or […]

§ 14-3610 – Termination of appointment; voluntary

14-3610. Termination of appointment; voluntary A. An appointment of a personal representative terminates as provided in section 14-3933, one year after the filing of a closing statement. B. An order closing an estate as provided in section 14-3931 or 14-3932 terminates an appointment of a personal representative. C. A personal representative may resign his position […]

§ 14-3611 – Termination of appointment by removal; cause; procedure

14-3611. Termination of appointment by removal; cause; procedure A. A person interested in the estate may petition for removal of a personal representative for cause at any time. On filing of the petition, the court shall fix a time and place for a hearing. Notice shall be given by the petitioner to the personal representative, […]

§ 14-3612 – Termination of appointment; change of testacy status

14-3612. Termination of appointment; change of testacy status Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to […]

§ 14-3613 – Successor personal representative

14-3613. Successor personal representative Articles 3 and 4 of this chapter govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, […]

§ 14-3614 – Special administrator; appointment

14-3614. Special administrator; appointment A special administrator may be appointed: 1. Informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in section 14-3609. 2. In […]

§ 14-3615 – Special administrator; who may be appointed

14-3615. Special administrator; who may be appointed A. If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named executor in the will shall be appointed if available, and qualified. B. In other cases, any proper person […]

§ 14-3616 – Special administrator; appointed informally; powers and duties

14-3616. Special administrator; appointed informally; powers and duties A special administrator appointed by the registrar in informal proceedings pursuant to section 14-3614, paragraph 1 has the duty to collect and manage the assets of the estate, to preserve them, to account therefor and to deliver them to the general personal representative upon his qualification. The […]

§ 14-3617 – Special administrator; formal proceedings; power and duties

14-3617. Special administrator; formal proceedings; power and duties A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts or […]

§ 14-3618 – Termination of appointment; special administrator

14-3618. Termination of appointment; special administrator The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in sections 14-3608 through 14-3611.