75-3-612. Termination of appointment -- Change of testacy status.
Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the
appointment of a personal representative in intestacy or under a will which is superseded by
formal probate of another will, or the vacation of an informal probate of a will subsequent to the
appointment of the personal representative thereunder, does not terminate the appointment of the
personal representative although his powers may be reduced as provided in Section 75-3-401.
Termination occurs upon appointment in informal or formal appointment proceedings of a person
entitled to appointment under the later assumption concerning testacy. If no request for new
appointment is made within 30 days after expiration of time for appeal from the order in formal
testacy proceedings, or from the informal probate, changing the assumption concerning testacy,
the previously appointed personal representative upon request may be appointed personal
representative under the subsequently probated will, or as in intestacy as the case may be.
Enacted by Chapter 150, 1975 General Session
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Last revised: Thursday, May 28, 2009