75-3-307. Informal appointment proceedings -- Delay in order -- Duty of registrar
-- Effect of appointment.
(1) After receipt of an application for informal appointment of a personal representative
other than a special administrator as provided in Section 75-3-614, the registrar, after making the
findings required by Section 75-3-308, shall appoint the applicant subject to qualification and
acceptance, if at least ten days have elapsed since the date of the notice required by Section
75-3-310, or if at least 120 hours have elapsed since the decedent's death and all persons entitled
to notice under Section 75-3-310 have waived this notice in writing; but if the decedent was a
nonresident, the registrar shall delay the order of appointment until thirty days have elapsed since
death unless the personal representative appointed at the decedent's domicile is the applicant, or
unless the decedent's will directs that his estate be subject to the laws of this state.
(2) The status of personal representative and the powers and duties pertaining to the
office are fully established by informal appointment. An appointment, and the office of personal
representative created by it, is subject to termination as provided in Sections 75-3-608 through
75-3-612, but is not subject to retroactive vacation.
Amended by Chapter 194, 1977 General Session
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Last revised: Thursday, May 28, 2009