14-3402. Formal testacy or appointment
proceedings; petition; contents
A. Petitions for formal probate of a will, or for adjudication of intestacy with or
without request for appointment of a personal representative, must be directed to the
court, request a judicial order after notice and hearing and contain further statements
as indicated in this section. A petition for formal probate of a will must:
1. Request an order as to the testacy of the decedent in relation to a particular
instrument which may or may not have been informally probated and determining the heirs;
2. Contain the statements required for informal applications as stated in paragraph
1 of subsection B of section 14-3301 and the statements required by subdivisions (b) and
(c), paragraph 2 of subsection B of section 14-3301; and
3. State whether the original of the last will of the decedent is in the possession
of the court or accompanies the petition. If the original will or a certified copy of a
will probated in another jurisdiction neither is in the possession of the court nor
accompanies the petition, the petition also must state the contents of the will, and
indicate that it is lost, destroyed or otherwise unavailable.
B. A petition for adjudication of intestacy and appointment of an administrator in
intestacy must request a judicial finding and order that the decedent left no will and
determining the heirs, contain the statements required by paragraphs 1 and 4 of
subsection B of section 14-3301 and indicate whether supervised administration is
sought. A petition may request an order determining intestacy and heirs without
requesting the appointment of an administrator, in which case, the statements required by
subdivision (b), paragraph 4 of subsection B of section 14-3301 may be omitted.
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