§3-308. Informal appointment proceedings; proof and findings required
                  1. 
                                Informal appointment proceedings; proof and findings required. 
                                In informal appointment proceedings, the register shall determine whether:
                                     
                                
                
                  A.
                                        The application for informal appointment of a personal representative is complete;
                                     
                                [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
                
                  B.
                                        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;
                                     
                                [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
                
                  C.
                                        The applicant appears from the application to be an interested person as defined in section 1-201, subsection 26;
                                     
                                [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
                
                  D.
                                        On the basis of the statements in the application, venue is proper;
                                     
                                [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
                
                  E.
                                        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;
                                     
                                [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
                
                  F.
                                        Any notice required by section 3-204 has been given; and
                                     
                                [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
                
                  G.
                                        From the statements in the application, the person whose appointment is sought has priority entitling the applicant to the appointment.
                                     
                                [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
                [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
              
                  2. 
                                Denial. 
                                Unless section 3-612 controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in section 3-610, subsection 3 has been appointed in this or another county of this State; that, unless the applicant is the domiciliary personal representative or the nominee, the decedent was not domiciled in this State and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile; or that other requirements of this section have not been met.
                                     
                                
                [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
              
                        SECTION HISTORY
                        
            PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).