14-3401. Formal testacy proceedings; nature;
when commenced
A. A formal testacy proceeding is litigation to determine whether a decedent left a
valid will. A formal testacy proceeding may be commenced by an interested person filing
a petition as described in section 14-3402, subsection A in which he requests that the
court, after notice and hearing, enter an order probating a will, or a petition to set
aside an informal probate of a will or to prevent informal probate of a will which is the
subject of a pending application, or a petition in accordance with section 14-3402,
subsection B for an order that the decedent died intestate.
B. A petition may seek formal probate of a will without regard to whether the same
or a conflicting will has been informally probated. A formal testacy proceeding may
involve a request for appointment of a personal representative.
C. During the pendency of a formal testacy proceeding, the registrar shall not act
upon any application for informal probate of any will of the decedent or any application
for informal appointment of a personal representative of the decedent.
D. Unless a petition in a formal testacy proceeding also requests confirmation of
the previous informal appointment, a previously appointed personal representative, after
receipt of notice of the commencement of a formal probate proceeding, must refrain from
exercising his power to make any further distribution of the estate during the pendency
of the formal proceeding. A petitioner who seeks the appointment of a different personal
representative in a formal proceeding also may request an order restraining the acting
personal representative from exercising any of the powers of his office and requesting
the appointment of a special administrator. In the absence of a request or if the
request is denied, the commencement of a formal proceeding has no effect on the powers
and duties of a previously appointed personal representative other than those relating to
distribution.
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