72-3-201. Applications to be verified. Applications for informal probate or informal appointment must be directed to the clerk and verified by the applicant to be accurate and complete to the best of the applicant’s knowledge and belief as to the information required by 72-3-202 through 72-3-205. By verifying an application for informal probate or informal appointment, […]
72-3-202. Required contents of application. Every application for informal probate of a will or for informal appointment of a personal representative, other than a special, ancillary, or successor representative, must contain the following: (1) a statement of the interest of the applicant; (2) the name and date of death of the decedent, the decedent’s age, and the county […]
72-3-203. Probate and appointment under will — additional information required. (1) An application for informal probate of a will must state the following in addition to the statements required by 72-3-202: (a) that the original of the decedent’s last will is in the possession of the court or accompanies the application, that an authenticated copy of a […]
72-3-204. Appointment in intestacy — additional information required. An application for informal appointment of an administrator in intestacy must state in addition to the statements required by 72-3-202: (1) that after the exercise of reasonable diligence, the applicant is unaware of any unrevoked testamentary instrument relating to property having a situs in this state under 72-1-201 or […]
72-3-205. Application for appointment of successor personal representative. (1) An application for appointment of a personal representative to succeed a personal representative appointed under a different testacy status shall refer to the order in the most recent testacy proceeding, state the name and address of the person whose appointment is sought and of the person whose […]
72-3-206 through 72-3-210 reserved.
72-3-211. Informal probate — notice requirements. (1) The moving party shall give notice, as described by 72-1-301, of the application for informal probate: (a) to any person demanding it pursuant to 72-3-106; and (b) to any personal representative of the decedent whose appointment has not been terminated. (2) No other notice of informal probate is required. History: En. 91A-3-306 by […]
72-3-212. Informal probate — clerk to make findings. In an informal proceeding for original probate of a will, the clerk 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) the applicant appears from […]
72-3-213. Rules for grant or denial of informal probate. (1) A will that appears to have the required signatures and that contains an attestation clause showing that requirements of execution under 72-2-522 or 72-2-526 have been met must be probated without further proof. In other cases the clerk may assume execution if the will appears to […]
72-3-214. Power of clerk to deny informal probate — effect of denial. (1) If the clerk is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of 72-3-212 and 72-3-213 or any other reason, the clerk may decline the application. (2) A declination of informal probate […]
72-3-215. Clerk to issue statement of informal probate — effect — procedural defect not to void probate. (1) Upon receipt of an application requesting informal probate of a will, the clerk, upon making the findings required by 72-3-212 and 72-3-213, shall issue a written statement of informal probate if at least 120 hours have elapsed since […]
72-3-216 through 72-3-219 reserved.
72-3-220. Nondomiciliary decedent — will filed and not probated in domiciliary state. A will of a nondomiciliary decedent that has been filed and not probated in a court in the domiciliary state may be proved for probate in this state by an authenticated certificate of its legal custodian that the copy introduced is a true copy […]
72-3-221. Informal appointment — notice requirements. (1) The moving party shall give notice, as described by 72-1-301, of the party’s intention to seek an appointment informally: (a) to any person demanding it pursuant to 72-3-106; and (b) to any person having a prior or equal right to appointment not waived in writing and filed with the court. (2) No […]
72-3-222. Informal appointment — clerk to make findings. In informal appointment proceedings, the clerk shall 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 belief; (3) the applicant appears […]
72-3-223. Rules for denial of informal appointment. (1) Unless 72-3-523 controls, the application must be denied if it indicates: (a) that a personal representative who has not filed a written statement of resignation, as provided in 72-3-525, has been appointed in this or another county of this state; (b) that, unless the applicant is the domiciliary personal representative […]
72-3-224. Informal appointment — power of clerk to deny — effect of denial. (1) If the clerk is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of 72-3-222, 72-3-223, and 72-3-225 or for any other reason, the clerk may decline the application. (2) A […]
72-3-225. Duty of clerk to make appointment — effect. (1) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in 72-3-701, if at least 120 hours have elapsed since the decedent’s death, the clerk, after making the findings required by 72-3-222 and 72-3-223, shall appoint the […]
