75-3-401. Formal testacy proceedings -- Nature -- When commenced.
(1) 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 filing a petition as
described in Subsection 75-3-402(1) in which he requests that the court, after notice and hearing,
enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent
informal probate of a will which is the subject of a pending application, or a petition in
accordance with Subsection 75-3-402(3) for an order that the decedent died intestate.
(2) A petition may seek formal probate of a will without regard to whether the same or a
conflicting will has been informally probated. A formal testacy proceeding may, but need not,
involve a request for appointment of a personal representative.
(3) During the pendency of a formal testacy proceeding, the registrar shall not act upon
any application for informal probate of any will of the decedent or any application for informal
appointment of a personal representative of the decedent.
(4) Unless a petition in a formal testacy proceeding also requests confirmation of the
previous informal appointment, a previously appointed personal representative, after receipt of
notice of the commencement of a formal probate proceeding, must refrain from exercising his
power to make any further distribution of the estate during the pendency of the formal
proceeding. A petitioner who seeks the appointment of a different personal representative in a
formal proceeding also may request an order restraining the acting personal representative from
exercising any of the powers of his office and requesting the appointment of a special
administrator. In the absence of a request, or if the request is denied, the commencement of a
formal proceeding has no effect on the powers and duties of a previously appointed personal
representative other than those relating to distribution.
Amended by Chapter 194, 1977 General Session
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Last revised: Thursday, May 28, 2009