Title 04, Title 04: Judiciary

§ 313. Nonresident’s estate; settlement If a person resided out of the State at the time of his or her death, his or her will shall be allowed and recorded, and letters testamentary or of administration shall be granted in the Probate Court of any district in which he or she had …

§ 354. Disqualification of judge or register; penalty A judge or register shall not act as guardian, executor, administrator, trustee, or in any other fiduciary capacity or as attorney in any probate matter pending in any court in the State while holding either office. A judge or…

§ 355. Disqualification or disability of judge When a Probate judge is incapacitated for the duties of office by absence, removal from the district, resignation, sickness, death, or otherwise or if the judge or the judge’s spouse or child is heir or legatee under a will filed in …

§ 356. Authority of judge after end of term (a) A Probate judge whose term of office has expired, or who has vacated such office, shall have authority to act in the capacity of Probate judge to conclude causes and proceedings partly or fully heard before the judge as Probate judg…

§ 357. Registers of Probate The Superior Court clerk or court operations manager, in consultation with the Probate judge, and following the approval of the Court Administrator, shall hire a register of probate for each unit. The Probate judge may request that the Court Administra…

§ 362. Oaths A Probate judge or register may administer oaths. (Amended 2009, No. 154 (Adj. Sess.), § 23, eff. Feb. 1, 2011.)

§ 363. Powers (a) A Probate judge may issue warrants, subpoenas, and processes in conformity with the law necessary to compel the attendance of witnesses or to produce books, papers, documents, or tangible things, or to carry into effect the orders, sentences, or decrees of the P…

§ 364. Commitment to enforce orders If a person does not comply with an order, sentence, or decree of the Probate Division of the Superior Court in a proceeding formerly within the jurisdiction of the Probate Court, the court may issue a warrant committing the person to the custo…

§ 369. Nonresident’s estate; notice to Commissioner of Taxes; information to banks (a) When an executor or administrator is appointed to administer within this State an estate of a deceased person who resided in another state or country at the time of his or her death, the judge …