72-3-313. Order for formal probate. (1) 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, that venue is proper, and that the proceeding was commenced within the limitation prescribed by 72-3-122, it shall determine the decedent's domicile at death, the decedent's heirs, and the decedent's state of testacy. Any will found to be valid and unrevoked must be formally probated.
(2) Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by 72-3-523.
(3) The petition must be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead.
History: En. 91A-3-409 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-409(part); amd. Sec. 2332, Ch. 56, L. 2009.
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