14-3414. Formal proceedings concerning
appointment of personal representative
A. A formal proceeding for adjudication regarding the priority or qualification of
one who is an applicant for appointment as personal representative, or of one who
previously has been appointed personal representative in informal proceedings, if an
issue concerning the testacy of the decedent is or may be involved, is governed by
section 14-3402, as well as by this section. In other cases, the petition shall contain
or adopt the statements required by section 14-3301, subsection B, paragraph 1 and
describe the question relating to priority or qualification of the personal
representative which is to be resolved. If the proceeding precedes any appointment of a
personal representative, it shall stay any pending informal appointment proceedings as
well as any commenced thereafter. If the proceeding is commenced after appointment, the
previously appointed personal representative, after receipt of notice thereof, shall
refrain from exercising any power of administration except as necessary to preserve the
estate or unless the court orders otherwise.
B. After notice to interested persons, including all persons interested in the
administration of the estate as successors under the applicable assumption concerning
testacy, any previously appointed personal representative and any person having or
claiming priority for appointment as personal representative, the court shall determine
who is entitled to appointment under section 14-3203, make a proper appointment and, if
appropriate, terminate any prior appointment found to have been improper as provided in
cases of removal under section 14-3611.
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