72-3-212. Informal probate -- clerk to make findings.
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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 the application to be an interested person as defined in 72-1-103 ;
(4)on the basis of the statements in the application, venue is proper;
(5)an original, duly executed, and apparently unrevoked will, an authenticated copy of a will probated in another jurisdiction, or an authenticated copy of a will filed without probate in another jurisdiction and proved, as provided in 72-3-220 , is in the clerk's possession;
(6)any notice required by 72-3-106 has been given and that the application is not within 72-3-213 (5); and
(7)it appears from the application that the time limit for original probate has not expired.