§560:3-414  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 560:3-402, as well as by this section. In other cases, the petition
shall contain or adopt the statements required by section 560:3-301(a)(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 560:3-203, make a proper appointment and,
if appropriate, terminate any prior appointment found to have been improper as
provided in cases of removal under section 560:3-611. [L 1996, c 288, pt of §1]