§3-401. Formal testacy proceedings; nature; when commenced A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 3-402, subsection 1 in which the petitioner requests that the court, after notice and hearing, […]
§3-402. Formal testacy or appointment proceedings; petition; contents 1. Petition for formal probate of a will; contents. Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the court, request a judicial order after notice and hearing, contain further […]
§3-403. Formal testacy proceeding; notice of hearing on petition 1. Notice of hearing on petition for formal probate of a will. Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice must be given in the manner prescribed by section 1-401 by the petitioner to the persons […]
§3-404. Formal testacy proceedings; written objections to probate Any party to a formal proceeding who opposes the probate of a will for any reason shall state in that party’s pleadings that party’s objections to probate of the will. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] […]
§3-405. Formal testacy proceedings; uncontested cases; hearings and proof If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 3-409 have been met or conduct a hearing in open court and require proof of the matters […]
§3-406. Formal testacy proceedings; contested cases In a contested case in which the proper execution of a will is at issue: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Self-proved will; witness not required. If the will is self-proved pursuant to section 2-503, the will […]
§3-407. Formal testacy proceedings; burdens in contested cases In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases and, if they are also petitioners, prima […]
§3-408. Formal testacy proceedings; will construction; effect of final order in another jurisdiction A final order of a court of another state determining testacy or the validity or construction of a will made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the […]
§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 3-108, the court […]
§3-410. Formal testacy proceedings; probate of more than one instrument If 2 or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions that work a total revocation by implication. If more […]
§3-411. Formal testacy proceedings; partial intestacy If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent’s estate is or may be partially intestate, the court shall enter an order to that effect. [PL 2017, c. 402, Pt. A, §2 […]
§3-412. Formal testacy proceedings; effect of order; vacation Subject to appeal and subject to vacation as provided in this section and in section 3‑413, a formal testacy order under sections 3‑409 to 3‑411, including an order that the decedent left no valid will and determining heirs, is final as to all persons with respect to […]
§3-413. Formal testacy proceedings; vacation of order for other cause For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, […]
§3-414. Formal proceedings concerning appointment of personal representative 1. Formal proceeding for appointment of personal representative. A formal proceeding for adjudication regarding the priority or qualification of a person who is an applicant for appointment as personal representative, or of a person who previously has been appointed personal representative in informal proceedings, if an issue […]
