§560:3-302  Informal probate; duty of
registrar; effect of informal probate.  (a)  Upon receipt of an application
requesting informal probate of a will filed by a corporate fiduciary, by a
parent, spouse, or reciprocal beneficiary of the decedent, or by a descendant
of a parent of the decedent, the registrar, upon making the findings required
by section 560:3-303, shall issue a written statement of informal probate
appointing a personal representative subject to qualification and acceptance,
if at least one hundred twenty hours have elapsed since the decedent's death.



(b)  Upon receipt of an application requesting
informal probate of a will filed by someone other than as enumerated in
subsection (a), the registrar shall set a date which shall be the earliest by
which the registrar will decide the application.  On or after such date, upon
making the findings required by section 560:3-303, the registrar shall issue a
written statement of informal probate appointing a personal representative
subject to qualification and acceptance if at least fourteen days have passed
after the last mailing or other delivery of the advance notice required by
section 560:3-306, if proof that such notice has been given is filed with the
registrar and if no petition for formal testacy proceedings has been filed.



(c)  Informal probate is conclusive as to all
persons until superseded by an order in a formal testacy proceeding.  No defect
in the application or procedure relating thereto which leads to informal
probate of a will renders the probate void. [L 1996, c 288, pt of §1; am L
1997, c 244, §4 and c 383, §19]