Title 58, Title 58 — Probate Procedure

All contracts for the borrowing of money and giving of security heretofore made by any executor or administrator for any of the purposes stated in Section 1 of this act and approved by the judge of the district court having jurisdiction of the settlement of the estate, where the …

federal estate tax - Notice - Costs and attorney fees. For property other than the probate estate passing directly upon the death of a decedent to another, by law, the executor or administrator of the estate of the decedent shall have the authority to bring an action in the distr…

The executor or administrator of an estate shall have the power, where otherwise authorized, to take control of, conduct, continue, or terminate any accounts of a deceased person on any social networking website, any microblogging or short message service website or any e-mail se…

The judge of the district court may, at any time, receive petitions for the probate of wills, make and issue all necessary orders and writs to enforce the production of wills and the attendance of witnesses, hear petitions, trials of issues, admit wills to probate, and do all oth…

At the time appointed for the hearing, or at the time to which the hearing may have been postponed, the court, unless the parties appear, must require proof that the notice has been given, which being made, the court must hear testimony in proof of the will. If such notice is not…

A. A personal representative shall, unless ordered otherwise by the court, make and return to the court an inventory and/or an appraisement of the estate of the decedent, which has come to his possession or knowledge, designating the homestead and exempt personal property as prov…

To make the appraisement, the judge must appoint three disinterested persons, any two of whom may act, who are entitled to receive a reasonable compensation for their services, not to exceed Seventy-five Dollars ($75.00) per day, except upon order of the court. The appraisers mus…

and hearing - Determination - Order. If it appears there is no possibility that estate tax is due under the provisions of Sections 801 et seq. of Title 68, the executor or administrator of an estate or a surviving joint tenant or remainderman may request the district court to ent…

Before proceeding to the execution of their duty, the appraisers must take and subscribe an oath, to be attached to the inventory, that they will truly, honestly and impartially appraise the property exhibited to them, according to the best of their knowledge and ability. They mu…

unnecessary, when. The inventory must also contain an account of all monies belonging to the decedent, which have come to the hands of the executor or administrator, and if none, the fact must be so stated in the inventory. If the whole estate consists of money, there need not be…

The naming of a person as executor does not thereby discharge him from any just claim which the testator has against him, but the claim must be included in the inventory, and the executor is liable for the same, as for so much money in his hands, when the debt or demand becomes d…

The discharge or bequest in a will of any debt or demand of the testator against the executor named, or any other person, is not valid against the creditors of the decedent, but is a specific bequest of the debt or demand. It must be included in the inventory, and, if necessary, …

The inventory must be signed by the appraisers, and the executor or administrator must take and subscribe an oath, before an officer authorized to administer oaths, that the inventory contains a true statement of all the estate of the decedent which has come to his knowledge and …

letters. If an executor or administrator neglects or refuses to return the inventory within the time prescribed, or within such further time, not exceeding two (2) months, as the judge shall, for a reasonable cause allow, the court may, upon notice, revoke the letters testamentar…

Whenever property not mentioned in an inventory that is made and filed, comes to the possession or knowledge of an executor or administrator, he must cause the same to be appraised in the manner prescribed in this article, and an inventory thereof to be returned within two (2) mo…

Any person interested may appear and contest the will. Devisees, legatees or heirs of an estate may contest the will through their guardians or attorneys appointed by themselves, or by the court for that purpose; but a contest made by an attorney appointed by the court does not b…

property - Homestead - Heirs, actions by. The executor or administrator is entitled to the possession of all the real and personal estate of the decedent, and to receive the rents and profits of the real estate, except the realty and improvements thereon properly belonging to the…

Exemption for financial institutions with valid security interests. A. If any person, before the granting of letters testamentary or of administration, embezzles or alienates any of the monies, goods, chattel or effects of a decedent, the person is chargeable therewith, and liabl…

If any executor, administrator, or other person interested in the estate of a decedent, complains to the district court, on oath, that any person is suspected to have concealed, embezzled, smuggled, conveyed away, or disposed of any monies, goods or chattels of the decedent, or h…

If the person so cited refuses to appear and submit to an examination, or to answer such interrogatories as may be put to him touching the matters or the complaint, the court may, by warrant for that purpose, commit him to the county jail, there to remain in close custody until h…

The judge of the district court, upon the complaint, on oath, of any executor oradministrator, may cite any person who has been entrusted with any part of the estate of the decedent, to appear before such court, and require him to render a full account, on oath, of any monies, go…

If no person appears to contest the probate of a will, the court may admit it to probate on the testimony or affidavit given after the will has been filed of one of the subscribing witnesses only if satisfied from the testimony or affidavit of such witness that the will was execu…

This act shall be known and may be cited as the "Uniform Power of Attorney Act". Added by Laws 2021, c. 332, § 1, eff. Nov. 1, 2021.

As used in this act: 1. "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact or otherwise. The term includes an original agent, coagent, successor agent and a person to which an agent's authority…

This act applies to all powers of attorney except: 1. A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; 2. A power to make health care decisions; 3…

A power of attorney created under this act is durable unless it expressly provides that it is terminated by the incapacity of the principal. Added by Laws 2021, c. 332, § 4, eff. Nov. 1, 2021.

A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknow…

A. A power of attorney executed in this state on or after the effective date of this act is valid if its execution complies with Section 5 of this act. B. A power of attorney executed in this state before the effective date of this act is valid if its execution complied with the …

The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. Added by Laws 2021, c. 3…

appointed fiduciary. A. In a power of attorney, a principal may nominate a guardian of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes…

A. A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. B. If a power of attorney becomes effective upon the occurrence of a future…

A. A power of attorney terminates when: 1. The principal dies; 2. The principal becomes incapacitated, if the power of attorney is not durable; 3. The principal revokes the power of attorney; 4. The power of attorney provides that it terminates; 5. The purpose of the power of att…

A. A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently. B. A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapac…

Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances. Added by Laws 2021, c. 332, § 12, eff. Nov. 1, 2021.

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. Added by Laws 2021, c. 332, § 13, eff. No…

A. Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: 1. Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; 2. Act in good faith…

A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision: 1. Relieves the agent of liability for breach of duty committed dishonestly, with an im…

A. The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief: 1. The principal or the agent; 2. A guardian, conservator or other fiduciary acting for the principal; 3. A person authorized to make health c…

An agent that violates this act is liable to the principal or the principal's successors in interest for the amount required to: 1. Restore the value of the principal's property to what it would have been had the violation not occurred; and 2. Reimburse the principal or the princ…

Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated: 1. To the guardian, if one has been appointed for the principal, and a coagent or successor agent; or…

attorney. A. For purposes of this section and Section 20 of this act, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements. B. A person that in good faith accepts an acknowledged power of attorney without actual …

attorney. A. Except as otherwise provided in subsection B of this section: 1. A person shall either accept an acknowledged power of attorney or request a certification, a translation or an opinion of counsel under subsection D of Section 19 of this act no later than seven (7) bus…

Unless displaced by a provision of this act, the principles of law and equity supplement this act. Added by Laws 2021, c. 332, § 21, eff. Nov. 1, 2021.

This act does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this act. Added by Laws 2021, c. 332, § 22, eff. Nov. 1, 2021.

The remedies under this act are not exclusive and do not abrogate any right or remedy under the law of this state other than this act. Added by Laws 2021, c. 332, § 23, eff. Nov. 1, 2021.

authority. A. An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement …

A. An agent has authority described in this act if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in Sections 27 through 40 of this act or cites the section in which the authority is described. B. A reference in a po…

Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in Sections 27 through 40 of this act or that grants to an agent authority to do all acts that a principal could do pursuant to subsection C …

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to: 1. Demand, buy, lease, receive, accept as a gift or as security for an extension of credit or otherwise acquire or re…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to: 1. Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquir…