§ 29a-3-308

29A-3-308. Informal appointment proceedings--Proof and findings required.(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

owing:(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. Source: SL 1994, ch 232, §3-308; SL 1995, ch 167, §108.

29A-3-308. Informal appointment proceedings--Proof and findings required.(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

owing:(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. Source: SL 1994, ch 232, §3-308; SL 1995, ch 167, §108.