72-3-302. Formal testacy proceedings -- nature -- how and when commenced.
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72-3-302 . Formal testacy proceedings -- nature -- how and when commenced.
(1)A formal testacy proceeding is litigation to determine whether a decedent left a valid will.
(2)A formal testacy proceeding may be commenced by an interested person filing a petition:
(a)as described in 72-3-301
(1)in which the person requests that the court, after notice and hearing, enter an order probating a will;
(b)to set aside an informal probate of a will or to prevent informal probate of a will that is the subject of a pending application; or
(c)for an order that the decedent died intestate.
(3)A petition may seek formal probate of a will without regard to whether the will or a conflicting will has been informally probated.
(4)A formal testacy proceeding may but need not involve a request for appointment of a personal representative.