§560:3-308  Informal appointment
proceedings; proof and findings required.  (a)  In informal appointment
proceedings, the registrar must determine whether:



(1)  The application for informal appointment of a
personal representative 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)  Any will to which the requested appointment
relates has been formally or informally probated;  but this requirement does
not apply to the appointment of a special administrator;



(6)  Any notice required by section 560:3-204 has been
given; and



(7)  From the statements in the application, the
person whose appointment is sought has priority entitling the person to the
appointment.



(b)  Unless section 560:3-612 controls, the application
must be denied if it indicates that a personal representative who has not filed
a written statement of resignation as provided in section 560:3-610(c) has been
appointed in this or another judicial circuit of this State, that (unless the
applicant is the domiciliary personal representative or the domiciliary
personal representative's nominee) the decedent was not domiciled in this State
and that a personal representative whose appointment has not been terminated
has been appointed by a court in the state of domicile, or that other
requirements of this section have not been met. [L 1996, c 288, pt of §1]