14-3502. Supervised administration; petition;
order
A petition for supervised administration may be filed by any interested person or by
a personal representative at any time or the prayer for supervised administration may be
joined with a petition in a testacy or appointment proceeding. If the testacy of the
decedent and the priority and qualification of any personal representative have not been
adjudicated previously, the petition for supervised administration shall include the
matters required of a petition in a formal testacy proceeding and the notice requirements
and procedures applicable to a formal testacy proceeding apply. If not previously
adjudicated, the court shall adjudicate the testacy of the decedent and questions
relating to the priority and qualifications of the personal representative in any case
involving a request for supervised administration, even though the request for supervised
administration may be denied. After notice to interested persons, the court shall order
supervised administration of a decedent's estate:
1. If the decedent's will directs supervised administration, it shall be ordered
unless the court finds that circumstances bearing on the need for supervised
administration have changed since the execution of the will and that there is no
necessity for supervised administration.
2. If the decedent's will directs unsupervised administration, supervised
administration shall be ordered only upon a finding that it is necessary for protection
of persons interested in the estate.
3. In other cases if the court finds that supervised administration is necessary
under the circumstances.
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