§3-414. Formal proceedings concerning appointment of personal representative

282 words·~1 min read·/me/title-18-c-probate-code/3-414

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 concerning the testacy of the decedent is or may be involved, is governed by section 3‑402 as well as by this section. In other cases, the petition must contain or adopt the statements required by section 3‑301, subsection 1, paragraph A and describe the question relating to priority or qualification of the personal representative that is to be resolved.

If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously appointed personal representative, after receipt of notice, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise.

[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Notice and decision. After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative and any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under section 3‑203 , make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under section 3‑611 .

[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]