524.3-301 INFORMAL PROBATE OR APPOINTMENT PROCEEDINGS; APPLICATION; CONTENTS. An informal probate proceeding is an informal proceeding for the probate of decedent’s will with or without an application for informal appointment. An informal appointment proceeding is an informal proceeding for appointment of a personal representative in testate or intestate estates. These proceedings may be combined in […]
524.3-302 INFORMAL PROBATE; DUTY OF REGISTRAR; EFFECT OF INFORMAL PROBATE. Upon receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by section 524.3-303 shall issue a written statement of informal probate if at least 120 hours have elapsed since the decedent’s death. Informal probate is conclusive as […]
524.3-303 INFORMAL PROBATE; PROOF AND FINDINGS REQUIRED. (a) In an informal proceeding for original probate of a will, the registrar shall determine whether: (1) the application is complete; (2) the applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant’s knowledge and belief; (3) […]
524.3-305 INFORMAL PROBATE; REGISTRAR NOT SATISFIED. If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of section 524.3-303 or any other reason, the registrar may decline the application. A declination of informal probate is not an adjudication and does not […]
524.3-306 INFORMAL PROBATE; NOTICE REQUIREMENTS. The moving party must give notice as described by section 524.1-401 of application for informal probate (1) to any person demanding it pursuant to section 524.3-204; and (2) to any personal representative of the decedent whose appointment has not been terminated. Upon issuance of the written statement by the registrar […]
524.3-307 INFORMAL APPOINTMENT PROCEEDINGS; DELAY IN ORDER; DUTY OF REGISTRAR; EFFECT OF APPOINTMENT. (a) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 524.3-614, if at least 120 hours have elapsed since the decedent’s death, the registrar, after making the findings required by […]
524.3-308 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 oath or affirmation that the statements contained in the application are true to the best of the applicant’s knowledge and […]
524.3-309 INFORMAL APPOINTMENT PROCEEDINGS; REGISTRAR NOT SATISFIED. If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 524.3-307 and 524.3-308, or for any other reason, the registrar may decline the application. A declination of informal appointment is not […]
524.3-310 INFORMAL APPOINTMENT PROCEEDINGS; NOTICE REQUIREMENTS. The moving party must give notice as described by section 524.1-401 of an intention to seek an appointment informally; (1) to any person demanding it pursuant to section 524.3-204; and (2) to any person having a prior or equal right to appointment not waived in writing and filed with […]
524.3-311 INFORMAL APPOINTMENT UNAVAILABLE IN CERTAIN CASES. If an application for informal appointment indicates the existence of a possible unrevoked will or codicil which may relate to property subject to the laws of this state, and which is not filed for probate in this court, the registrar shall decline the application. History: 1974 c 442 […]
