14-3308. Informal appointment proceedings;
proof and findings required


A. In informal appointment proceedings, the registrar must 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 his knowledge and belief.


3. The applicant appears from the application to be a person permitted to apply as
provided in section 14-3301, subsection A.


4. On the basis of the statements in the application, venue is proper.


5. Any will to which the requested appointment relates has been or is being
simultaneously formally or informally probated, except this requirement does not apply to
the appointment of a special administrator.


6. Any notice required by section 14-3204 has been given.


7. From the statements in the application, the person whose appointment is sought
has priority entitling him to the appointment.


8. The will, if any, requires supervised administration.


B. Unless section 14-3612 controls, the application must 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 section 14-3610, subsection 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 personal representative or his nominee.


3. Other requirements of this section have not been met.