524.3-601 QUALIFICATION. Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and an oath of office or, in the case of a corporate representative, a statement of acceptance of the duties of the office. History: 1974 c 442 art 3 s 524.3-601; 1975 c 347 s […]
524.3-602 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 by ordinary first class mail the […]
524.3-603 BOND NOT REQUIRED WITHOUT COURT ORDER; EXCEPTIONS. No bond is required of a personal representative appointed in informal proceedings, except (1) upon the appointment of a special administrator; (2) when an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond; or (3) when […]
524.3-604 BOND AMOUNT; SECURITY; PROCEDURE; REDUCTION. If bond is required then the personal representative shall file the bond with the court or give other suitable security in an amount not less than the bond. The court shall determine that the bond is duly executed by a corporate surety, or one or more individual sureties whose […]
524.3-605 DEMAND FOR BOND BY INTERESTED PERSON. Any person apparently having an interest in the estate worth in excess of $1,000, or any creditor having a claim in excess of $1,000, may make a written demand that a personal representative give bond. The demand must be filed with the court and a copy mailed to […]
524.3-606 TERMS AND CONDITIONS OF BONDS. (a) The following requirements and provisions apply to any bond required by this part: (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. […]
524.3-607 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 exercise of any powers or discharge of any duties of office, or make any other […]
524.3-608 TERMINATION OF APPOINTMENT; GENERAL. Termination of appointment of a personal representative occurs as indicated in sections 524.3-609 to 524.3-612, inclusive. Termination ends the right and power pertaining to the office of personal representative as conferred by this chapter or any will, except that a personal representative, at any time prior to distribution or until […]
524.3-609 TERMINATION OF APPOINTMENT; DEATH OR DISABILITY. The death of a personal representative or the appointment of a conservator or guardian for the estate of a personal representative, terminates the personal representative’s appointment. Until appointment and qualification of a successor or special representative to replace the deceased or protected representative, the representative of the estate […]
524.3-610 TERMINATION OF APPOINTMENT; VOLUNTARY. (a) An appointment of a personal representative terminates as provided in section 524.3-1003, one year after the filing of a closing statement. (b) An order closing an estate as provided in section 524.3-1001 or 524.3-1002 terminates an appointment of a personal representative. (c) A personal representative may resign the position […]
524.3-611 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. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and […]
524.3-612 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 […]
524.3-613 SUCCESSOR PERSONAL REPRESENTATIVE. Upon notice, if any, as the court or registrar shall require, the court upon petition and the registrar upon application may appoint 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 […]
524.3-614 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, when necessary to protect the estate of a decedent due to circumstances described in section […]
524.3-615 SPECIAL ADMINISTRATOR; WHO MAY BE APPOINTED. (a) Except as provided in paragraph (b), 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) […]
524.3-616 SPECIAL ADMINISTRATOR; APPOINTED INFORMALLY; POWERS AND DUTIES. A special administrator appointed by the registrar in informal proceedings pursuant to section 524.3-614(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 qualification. The special administrator has […]
524.3-617 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 […]
524.3-618 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 524.3-608 to 524.3-611. History: 1974 c […]
