§560:3-502  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; or



(3)  In other cases if the court finds that supervised
administration is necessary under the circumstances. [L 1996, c 288, pt of §1]