§3-409. Formal testacy proceedings; order; foreign will
197 words·~1 min read·
/me/title-18-c-probate-code/3-409A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 shall determine the decedent's domicile at death, heirs and state of testacy. Any will found to be valid and unrevoked must be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by section 3-612 .
The petition must be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a foreign jurisdiction, including a place that does not provide for probate of a will after death, may be proved for probate in this State by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place. [PL 2017, c. 402, Pt. A, §2 (NEW);
PL 2019, c. 417, Pt. B, §14 (AFF).]