§560:3-303  Informal probate; proof
and findings required.  (a)  In an informal proceeding for original probate
of a will, the registrar shall determine whether:



(1)  The application is complete;



(2)  The applicant has made an oath or affirmation
that the statements contained in the application are true to the best of the
applicant's knowledge and belief;



(3)  The applicant appears from the application to be
an interested person as defined in section 560:1-201;



(4)  On the basis of the statements in the application,
venue is proper;



(5)  An original, duly executed and apparently
unrevoked will is in the registrar's possession;



(6)  Any notice required by sections 560:3-204 and
560:3-306 has been given and that the application is not within section
560:3-304; and



(7)  It appears from the application that the time
limit for original probate has not expired.



(b)  The application shall be denied if it
indicates that a personal representative has been appointed in another judicial
circuit of this State or except as provided in subsection (d), if it appears
that this or another will of the decedent has been the subject of a previous
probate order.



(c)  A will which appears to have the required
signatures and which contains an attestation clause showing that requirements
of execution under section 560:2-502, 560:2-503, or 560:2-506 have been met
shall be probated without further proof.  In other cases, the registrar may
assume execution if the will appears to have been properly executed, or the
registrar may accept a sworn statement or affidavit of any person having
knowledge of the circumstances of execution, whether or not the person was a
witness to the will.



(d)  Informal probate of a will which has been
previously probated elsewhere may be granted at any time upon written
application by any interested person, together with deposit of an authenticated
copy of the will and of the statement probating it from the office or court
where it was first probated.



(e)  A will from a place which does not provide
for probate of a will after death and which is not eligible for probate under
subsection (a), may be probated in this State upon receipt by the registrar of
a duly authenticated copy of the will and a duly authenticated certificate of
its legal custodian that the copy filed is a true copy and that the will has
become operative under the law of the other place. [L 1996, c 288, pt of §1]