29A-3-308. Informal appointment proceedings--Proof and findings required.
231 words·~1 min read·
/sd/title-29/chapter-29-3/29a-3-308A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)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 from the application to be an interested person as defined in § 29A-1-201(23);
(4)On the basis of the statements in the application, venue is proper;
(5)Any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator;
(6)Any notice required by § 29A-3-310 has been given;
(7)From the statements in the application, the person whose appointment is sought has priority for appointment.
(b)Unless § 29A-3-612 controls, the application shall be denied if it indicates any of the following:
(1)A personal representative who has not filed a written statement of resignation as provided in § 29A-3-610(c) has been appointed in this or another county of this state;
(2)The decedent was not domiciled in this state, a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, and the applicant is not the domiciliary representative or the representative's nominee;
(3)The other requirements of this section have not been met.