Title 30A, Uniform Probate Code

PART 2. VENUE FOR PROBATE AND ADMINISTRATION; PRIORITY TO ADMINISTER; DEMAND FOR NOTICE §560:3-201 Venue for first and subsequent estate proceedings; location of property. (a) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is: (…

§560:3-202 Appointment or testacy proceedings; conflicting claim of domicile in another state. If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this State, and in a testacy or appointment proceeding after n…

§560:3-203 Priority among persons seeking appointment as personal representative. (a) Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order: (b) An objection to an appointment can be made only in form…

§560:3-204 Demand for notice of order or filing concerning decedent's estate. Any person desiring notice of any order or filing pertaining to a decedent's estate in which the person has a financial or property interest, may file a demand for notice with the court at any time afte…

PART 3. INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS §560:3-301 Informal probate or appointment proceedings; application; contents. (a) Applications for informal probate or informal appointment shall be directed to the registrar, and verified by the applicant to be accurate and c…

§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 t…

§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: (b) The application shall be denied if it indicates that a personal representative has been appointed in another judicial…

§560:3-304 Informal probate; unavailable in certain cases. Applications for informal probate which relate to one or more of a known series of testamentary instruments (other than a will and one or more codicils thereto), the latest of which does not expressly revoke the earlier, …

§560:3-305 Informal probate; registrar not satisfied. If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections 560:3-303 and 560:3-304 or any other reason, the registrar may decline th…

§560:3-306 Informal probate; notice requirements. (a) The moving party must give notice as described by section 560:1-401 of the party's application for informal probate to any person demanding it pursuant to section 560:3-204 and to any personal representative of the decedent wh…

§560:3-307 Informal appointment proceedings; delay in order; duty of registrar; effect of appointment. (a) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 560:3-614, if at least one hun…

§560:3-308 Informal appointment proceedings; proof and findings required. (a) In informal appointment proceedings, the registrar must determine whether: (b) Unless section 560:3-612 controls, the application must be denied if it indicates that a personal representative who has no…

§560:3-309 Informal appointment proceedings; registrar not satisfied. If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 560:3-307 and 560:3-308, or for any ot…

§560:3-310 Informal appointment proceedings; notice requirements. The moving party must give notice as described by section 560:1-401 of the moving party's intention to seek an appointment informally: No other notice of an informal appointment proceeding is required. [L 1996, c 2…

§560:3-311 Informal appointment unavailable in certain cases. If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of this State, and which is not filed for probate in t…

PART 4. FORMAL TESTACY AND APPOINTMENT PROCEEDINGS §560:3-401 Formal testacy proceedings; nature; when commenced. (a) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person …

§560:3-402 Formal testacy or appointment proceedings; petition; contents. (a) Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the court, request a judicial order aft…

§560:3-403 Formal testacy proceedings; notice of hearing on petition. (a) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall be given in the manner prescribed by section 560:1-401 by the petitioner to the persons herein…

§560:3-404 Formal testacy proceedings; written objections to probate. Any party to a formal proceeding who opposes the probate of a will for any reason shall state in the party's pleadings the party's objections to probate of the will. [L 1996, c 288, pt of §1]

§560:3-405 Formal testacy proceedings; uncontested cases; hearings and proof. If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 560:3-409 have been met, or cond…

§560:3-406 Formal testacy proceedings; contested cases; testimony of attesting witnesses. In a contested case hearing in which the proper execution of a will is at issue, the following rules shall apply:

§560:3-407 Formal testacy proceedings; burdens in contested cases. In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie pro…

§560:3-408 Formal testacy proceedings; will construction; effect of final order in another jurisdiction. A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest …

§560:3-409 Formal testacy proceedings; order; foreign will. After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was commenced w…

§560:3-410 Formal testacy proceedings; probate of more than one instrument. If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contai…

§560:3-411 Formal testacy proceedings; partial intestacy. If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to…

§560:3-412 Formal testacy proceedings; effect of order; vacation. Subject to appeal and subject to vacation as provided in this section and in section 560:3-413, a formal testacy order under sections 560:3-409 to 560:3-411, including an order that the decedent left no valid will …

§560:3-413 Formal testacy proceedings; vacation of order for other cause. For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal. [L 1996, c 288, pt of §1]

§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 per…

PART 5. SUPERVISED ADMINISTRATION §560:3-501 Supervised administration; nature of proceeding. Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends …

§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 …

§560:3-503 Supervised administration; effect on other proceedings. (a) The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed. (b) If a will has been previously probated in inform…

§560:3-504 Supervised administration; powers of personal representative. Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this chapter, but the personal rep…

§560:3-505 Supervised administration; interim orders; distribution and closing orders. Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices and contents of orders prescribed for proceedings under sec…

PART 6. PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY §560:3-601 Qualification. Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of t…

§560:3-602 Acceptance of appointment; consent to jurisdiction. By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceedin…

§560:3-603 Bond not required without court order, exceptions. (a) No bond is required of a personal representative appointed in informal proceedings, except: (b) Bond may be required by court order at the time of appointment of a personal representative appointed in any formal pr…

§560:3-604 Bond amount; security; procedure; reduction. If bond is required and the provisions of the will or order do not specify the amount, unless stated in the person's application or petition, the person qualifying shall file a statement under oath with the registrar indicat…

§560:3-605 Demand for bond by interested person. Any person apparently having an interest in the estate worth in excess of $10,000, or any creditor having a claim in excess of $10,000, may make a written demand that a personal representative give bond. The demand shall be filed w…

§560:3-606 Terms and conditions of bonds. (a) The following requirements and provisions apply to any bond required by this part: (b) No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred…

§560:3-607 Order restraining personal representative. (a) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, …

§560:3-608 Termination of appointment; general. Termination of appointment of a personal representative occurs as indicated in sections 560:3-609 to 560:3-612. Termination ends the right and power pertaining to the office of personal representative as conferred by this chapter or…

§560:3-609 Termination of appointment; death or disability. The death of a personal representative or the appointment of a conservator for the estate of a personal representative, terminates the personal representative's appointment. Until appointment and qualification of a succe…

§560:3-610 Termination of appointment; voluntary. (a) An appointment of a personal representative terminates as provided in section 560:3-1003, one year after the filing of a closing statement. (b) An order closing an estate as provided in section 560:3-1001 or 560:3-1002 termina…

§560:3-611 Termination of appointment by removal; cause; procedure. (a) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be gi…

§560:3-612 Termination of appointment; change of testacy status. Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will,…

§560:3-613 Successor personal representative. Parts 3 and 4 of this article govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substi…

§560:3-614 Special administrator; appointment. A special administrator may be appointed:

§560:3-615 Special administrator; who may be appointed. (a) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named executor in the will shall be appointed if available, an…

§560:3-616 Special administrator; appointed informally; powers and duties. A special administrator appointed by the registrar in informal proceedings pursuant to section 560:3-614(1) has the duty to collect and manage the assets of the estate, to preserve them, to account therefo…