LD 2055
pg. 41
Page 40 of 55 PUBLIC Law Chapter 683 Page 42 of 55
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LR 3065
Item 1

 
(a) For decedent's a decedent dying on or after January 1, 1981,
no informal probate or appointment proceeding or formal testacy or
appointment proceeding, other than a proceeding to probate a will
previously probated at the testator's domicile and appointment
proceedings relating to an estate in which there has been a prior
appointment, may be commenced more than 3 years after the
decedent's death, except:

 
(1) If a previous proceeding was dismissed because of doubt
about the fact of the decedent's death, appropriate probate,
appointment or testacy proceedings may be maintained at any
time thereafter upon a finding that the decedent's death
occurred prior to the initiation of the previous proceeding
and the applicant or petitioner has not delayed unduly in
initiating the subsequent proceeding;

 
(2) Appropriate probate, appointment or testacy proceedings
may be maintained in relation to the estate of an absent,
disappeared or missing person for whose estate a conservator
has been appointed, at any time within 3 years after the
conservator becomes able to establish the death of the
protected person; and

 
(3) A proceeding to contest an informally probated will and
to secure appointment of the person with legal priority for
appointment in the event the contest is successful, may be
commenced within the later of 12 months from the informal
probate or 3 years from the decedent's death. These
limitations do not apply to proceedings to construe probated
wills or determine heirs of an intestate. In cases under
paragraph (1) or (2), the date on which a testacy or
appointment proceeding is properly commenced shall be deemed
to be the date of the decedent's death for purposes of other
limitations provisions of this code which relate to the date
of death.

 
These limitations do not apply to proceedings to construe
probated wills or determine heirs of an intestate.__In cases
under paragraph (1) or (2), the date on which a testacy or
appointment proceeding is properly commenced is deemed to be the
date of the decedent's death for purposes of other limitations
provisions of this Code that relate to the date of death.

 
(b) For decedent's a decedent dying before January 1, 1981,
no informal probate or appointment proceeding or formal testacy
or appointment proceeding, other than a proceeding to probate a
will previously probated at the testator's domicile and
appointment proceedings relating to an estate in which there has


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