A.R.S. tit. 14 ch. 3 — Arizona Revised Statutes Title 14 Chapter 3 — Probate Of Wills And Administration

14-3101. Devolution of estate at death; administration on deaths of husband and wife A. The power of a person to leave property by will, and the rights of creditors, devisees and heirs to his property are subject to the restrictions and limitations contained in this title to facilitate the prompt settlement of estates. Upon the death of a person, his separate property and his share of community property devolves to the persons to whom the property is devised by his last will, or to those indicated as substitutes for them in cases involving lapse, renunciation or other circumstances affecting the devolution of testate estates, or in the absence of testamentary disposition to his heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting the devolution of intestate estates. The devolution of separate property and decedent's share of community property is subject to rights to the allowance in lieu of homestead, exempt property and family allowance, to rights of creditors and to administration as provided in this title. In addition, the surviving spouse's share of the community property is subject to administration until the time for presentation of claims has expired, and thereafter only to the extent necessary to pay community claims. B. If a husband and wife both die, and the administration of one of their estates is not completed prior to commencement of administration of the other, their estates may be combined in a single administration with the same personal representative, if feasible. A single application or petition may be made to obtain appointment of a personal representative and to determine testacy. If their estates devolve as if each spouse survived the other because of application of section 14-2702, and their estates are not combined, half of their community property is subject to administration in each estate and community claims will be charged ratably to each half of the community property. 14-3102. Necessity of statement or order of probate for will; exception Except as provided in section 14-3971, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by a statement of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if both: 1. No court proceeding concerning the succession or administration of the estate has occurred. 2. Either the devisee or his successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings. 14-3103. Necessity of appointment for administration Except as otherwise provided in chapter 4 of this title, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person shall be appointed by order of the court or statement of the registrar, shall qualify and shall be issued letters. Administration of an estate is commenced by the issuance of letters. 14-3104. Claims against decedent; necessity of administration No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this chapter. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in section 14-3934 or from a former personal representative individually liable as provided in section 14-3935. This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein. 14-3105. Proceedings affecting devolution and administration; jurisdiction of subject matter A. Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this chapter and may petition the court for orders in formal proceedings within the court's jurisdiction including but not limited to those described in this article. B. The court may hear and determine any matter affecting the administration and distribution of decedents' estates after notice to interested persons in conformity with section 14-1401 and only in a formal proceeding. Persons notified are bound though less than all interested persons may have been given notice. C. The court has general jurisdiction that it may exercise in a formal proceeding in any other action or proceeding concerning succession or to which an estate, through a personal representative, may be a party, including: 1. Actions to determine title or to quiet title to property alleged to belong to the estate. 2. Actions for personal injury and wrongful death. 3. Actions to quiet title of property that belongs to the estate. 4. Actions against third parties to recover estate assets. 5. Any action or proceeding in which property distributed by a personal representative or its value is sought to be subjected to rights of creditors or successors of the decedent. 14-3107. Scope of proceedings; proceedings independent; exception Unless supervised administration as described in article 5 is involved: 1. Each proceeding before the court or registrar is independent of any other proceeding involving the same estate. 2. Petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this chapter, no petition is defective because it fails to embrace all matters which might then be the subject of a final order. 3. Proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives. 4. A proceeding for appointment of a personal representative is concluded by an order making or declining the appointment. 14-3108. Probate, testacy and appointment proceedings; ultimate time limit An informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, shall not be commenced more than two years after the decedent's death, except: 1. If a previous proceeding was dismissed because of doubt about the fact of the decedent's death, appropriate probate, appointment or testacy proceedings may be maintained at any time thereafter upon a finding that the decedent's death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceeding. 2. Appropriate probate, appointment or testacy proceedings may be maintained in relation to the estate of an absent, disappeared or missing person for whose estate a conservator has been appointed, at any time within two years after the conservator becomes able to establish the death of the protected person. 3. A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful may be commenced within the later of twelve months from the informal probate or two years from the decedent's death. 4. An informal probate or appointment or a formal testacy or appointment proceeding may be commenced thereafter if no court proceeding concerning the succession or administration has occurred within the two year period. If proceedings are brought under this exception, the personal representative has no right to possess estate assets as provided in section 14-3709 beyond that necessary to confirm title thereto in the rightful successors to the estate. Claims other than expenses of administration shall not be presented against the estate. These limitations do not apply to proceedings to construe probated wills or determine heirs of an intestate. In cases under paragraph 1 or 2 of this section, the date on which a testacy or appointment proceeding is properly commenced shall be deemed to be the date of the decedent's death for purposes of other limitations provisions of this title which relate to the date of death. 14-3109. Statutes of limitation on decedent's cause of action Upon the death of a person in whose favor there is a cause of action which has not been barred as of the date of his death, the limitation of the action ceases to run until a personal representative is appointed or until twelve months after the death, whichever first occurs, but shall not bar such action sooner than four months after death even if a personal representative is appointed earlier. 14-3110. Action by or against personal representative; survival of causes of action Every cause of action, except a cause of action for damages for breach of promise to marry, seduction, libel, slander, separate maintenance, alimony, loss of consortium or invasion of the right of privacy, shall survive the death of the person entitled thereto or liable therefor, and may be asserted by or against the personal representative of such person, provided that upon the death of the person injured, damages for pain and suffering of such injured person shall not be allowed. 14-3201. Venue for first and subsequent estate proceedings; location of property A. Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is: 1. In the county where the decedent had his domicile at the time of his death. 2. If the decedent was not domiciled in this state, in any county where property of the decedent was located at the time of his death. B. Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in the place where the initial proceeding occurred, unless the initial proceeding has been transferred as provided in section 14-1303 or subsection C of this section. C. If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court. D. For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving non-domiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a non-domiciliary, is located where the debtor resides, or if the debtor is a person other than an individual, at the place where it has its principal office. Commercial paper, investment paper and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued. 14-3202. Appointment or testacy proceedings; conflicting claim of domicile in another state If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state, and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this state must stay, dismiss or permit suitable amendment in, the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced must be accepted as determinative in the formal testacy or appointment proceeding in this state. 14-3203. Priority among persons seeking appointment as personal representative A. Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order: 1. The person with priority as determined by a probated will including a person nominated by a power conferred in a will. 2. The surviving spouse of the decedent who is a devisee of the decedent. 3. Other devisees of the decedent. 4. The surviving spouse of the decedent. 5. Other heirs of the decedent. 6. If the decedent was a veteran or the spouse or child of a veteran, the department of veterans' services. 7. Forty-five days after the death of the decedent, any creditor, except a funeral director or funeral establishment owner who has control of the decedent's remains. 8. The public fiduciary. B. An objection to an appointment can be made only in formal proceedings. In case of objection the priorities stated in subsection A of this section apply, except that: 1. If the estate appears to be more than adequate to meet exemptions and costs of administration but inadequate to discharge anticipated unsecured claims, the court, on petition of creditors, may appoint any qualified person. 2. In case of objection to appointment of a surviving spouse, other than one whose priority is determined by will, by an heir or devisee appearing to have a substantial interest in the estate, and the surviving spouse is found by the court to be unsuitable, the court may appoint a person who is acceptable to heirs and devisees, whose interests in the estate appear to be worth in total more than half of the probable distributable value or, in default of this accord, any suitable person. 3. In case of objection to appointment of a person who is not a surviving spouse, other than one whose priority is determined by will, by an heir or devisee appearing to have a substantial interest in the estate, the court may appoint a person who is acceptable to heirs and devisees whose interests in the estate appear to be worth in total more than half of the probable distributable value, or, in default of this accord any suitable person. C. A person entitled to letters under subsection A, paragraphs 2 through 5 of this section and a person who is at least fourteen years of age who would be entitled to letters but for the person's age may nominate a qualified person to act as personal representative. Any person who is at least eighteen years of age may renounce the person's right to nominate or to an appointment by appropriate writing filed with the court. If two or more persons share a priority, those of them who do not renounce must concur in nominating another to act for them or in applying for appointment. D. Conservators of the estates of protected persons, or if there is no conservator, any guardian except a guardian ad litem of a minor or incapacitated person, may exercise the same right to nominate, to object to another's appointment, or to participate in determining the preference of a majority in interest of the heirs and devisees that the protected person or ward would have if qualified for appointment. E. Formal proceedings are required to appoint a personal representative in any of the following situations: 1. If there is a person with a higher order of priority who has not renounced or waived the person's right by appropriate writing filed with the court. 2. If a priority is shared by two or more persons, as devisees under subsection A, paragraph 3 of this section, or as heirs under subsection A, paragraph 5 of this section, and one or more of them has not renounced or concurred in nominating the person whose appointment is applied for. 3. If appointment is sought for a person who does not have any priority under this section, under this paragraph the court shall determine that those having priority do not object to the appointment, and that administration is necessary. F. A person is not qualified to serve as a personal representative who is: 1. Under the age of majority as defined in section 1-215. 2. A person whom the court finds unsuitable in formal proceedings. 3. A foreign corporation. G. A personal representative appointed by a court of the decedent's domicile has priority over all other persons except if the decedent's will nominates different persons to be personal representative in this state and in the state of domicile. The domiciliary personal representative may nominate another, who shall have the same priority as the domiciliary personal representative. H. This section governs priority for appointment of a successor personal representative but does not apply to the selection of a special administrator. 14-3204. Demand for notice of order or filing concerning decedent's estate Any person desiring notice of any order or filing pertaining to a decedent's estate in which he has a financial or property interest may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of his interest in the estate and the demandant's address or that of his attorney. The demandant shall mail a copy of the demand to the personal representative if one has been appointed. After filing of a demand, no order or filing to which the demand relates shall be made or accepted without notice as prescribed in section 14-1401 to the demandant or his attorney. The validity of an order which is issued or filing which is accepted without compliance with this requirement shall not be affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and shall cease upon the termination of his interest in the estate. 14-3301. Informal probate or appointment proceedings; application; contents A. Informal probate or informal appointment may be made only by application of one of the following: 1. The surviving spouse of the decedent. 2. An adult child, a parent, a brother or a sister of the decedent. 3. A person who is an heir of the decedent. 4. A person nominated as a personal representative by a probated will or the will for which probate is asked or pursuant to a power conferred by the will. 5. If the decedent was a nonresident, any person who is qualified under paragraphs 1 through 4 of this subsection or a personal representative appointed in the state of domicile or the nominee of such personal representative. 6. If the decedent was a veteran, the department of veterans' services. 7. Forty-five days after the death of the decedent, any creditor. 8. If no person is qualified and willing to serve as personal representative under paragraphs 1 through 7 of this subsection, the public fiduciary. B. Applications for informal probate or informal appointment shall be directed to the registrar, and verified by the applicant to be accurate and complete to the best of the applicant's knowledge and belief as to the following information: 1. Every application for informal probate of a will or for informal appointment of a personal representative, other than a special or successor representative, shall contain the following: (a) A statement of the interest of the applicant. (b) The name and date of death of the decedent, the decedent's age, the county and state of the decedent's domicile at the time of death, the names and addresses of the spouse, children, heirs and devisees and the ages of any who are minors as far as known or ascertainable with reasonable diligence by the applicant. (c) If the decedent was not domiciled in the state at the time of the decedent's death, a statement showing venue. (d) A statement identifying and indicating the address of any personal representative of the decedent who is appointed in this state or elsewhere and whose appointment has not been terminated. (e) A statement indicating whether the applicant has received a demand for notice, or is aware of any demand for notice, of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere. (f) A statement that the time limit for informal probate or appointment as provided in this chapter has not expired either because two years or less have passed since the decedent's death, or, if more than two years from death have passed, that circumstances as described by section 14-3108 authorizing tardy probate or appointment have occurred. 2. An application for informal probate of a will shall state the following in addition to the statements required by paragraph 1 of this subsection: (a) That the original of the decedent's last will is in the possession of the court, or accompanies the application, or that a certified copy of a will probated in another jurisdiction accompanies the application. (b) That the applicant, to the best of the applicant's knowledge, believes the will to have been validly executed. (c) That, after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the will, and that the applicant believes that the instrument that is the subject of the application is the decedent's last will. 3. An application for informal appointment of a personal representative to administer an estate under a will shall describe the will by date of execution and state the time and place of probate or the pending application or petition for probate. The application for appointment shall adopt the statements in the application or petition for probate and state the name, address and priority for appointment of the person whose appointment is sought. 4. An application for informal appointment of an administrator in intestacy shall state in addition to the statements required by paragraph 1 of this subsection: (a) That, after the exercise of reasonable diligence, the applicant is unaware of any unrevoked testamentary instrument relating to property having a situs in this state under section 14-1301 or a statement why any such instrument of which the applicant may be aware is not being probated. (b) The priority of the person whose appointment is sought and the names of any other persons having a prior or equal right to the appointment under section 14-3203. 5. An application for appointment of a personal representative to succeed a personal representative appointed under a different testacy status shall refer to the order in the most recent testacy proceeding, state the name and address of both the person whose appointment is sought and of the person whose appointment will be terminated if the application is granted, and describe the priority of the applicant. 6. An application for appointment of a personal representative to succeed a personal representative who has tendered a resignation as provided in section 14-3610, subsection C, or whose appointment has been terminated by death, appointment of a conservator or removal, shall adopt the statements in the application or petition which led to the appointment of the person being succeeded except as specifically changed or corrected, state the name and address of the person who seeks appointment as successor and describe the priority of the applicant. C. By verifying an application for informal probate, or informal appointment, the applicant submits personally to the jurisdiction of the court in any proceeding for relief from fraud relating to the application, or for perjury, that may be instituted against the applicant. 14-3302. Informal probate; duty of registrar; effect of informal probate Upon receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by section 14-3303 shall issue a written statement of informal probate if at least one hundred twenty hours have elapsed since the decedent's death. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void. 14-3303. Informal probate; proof and findings required A. In an informal proceeding for original probate of a will, the registrar shall determine whether: 1. The application is complete. 2. The applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief. 3. The applicant appears from the application to be a person permitted to apply as provided in section 14-3301, subsection A. 4. On the basis of the statements in the application, venue is proper. 5. An original, duly executed and apparently unrevoked will is in the registrar's possession. 6. Any notice required by section 14-3204 has been given and that the application is not within section 14-3304. 7. It appears from the application that the time limit for original probate has not expired. B. The application shall be denied if it indicates that a personal representative has been appointed in another county of this state or except as provided in subsection D of this section, if it appears that this or another will of the decedent has been the subject of a previous probate order. C. A will which appears to have the required signatures and which contains an attestation clause showing that requirements of execution under chapter 2, article 5 of this title have been met shall be probated without further proof. In other cases, the registrar may assume execution if the will appears to have been properly executed, or he may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, whether or not the person was a witness to the will. D. Informal probate of a will which has been previously probated in another jurisdiction may be granted at any time upon written application by any interested person, together with deposit of a certified copy of the will and of the statement probating it from the office or court where it was first probated. E. A will from a place which does not provide for probate of a will after death and which is not eligible for probate under subsection A of this section may be probated in this state upon receipt by the registrar of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place. 14-3304. Informal probate; unavailable in certain cases An application for informal probate shall be declined if it relates to one or more of a known series of testamentary instruments the latest of which does not expressly revoke the earlier, except that a series consisting of a will with its codicils may be informally probated. 14-3305. Informal probate; registrar not satisfied If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections 14-3303 and 14-3304 or any other reason, he may decline the application. A declination of informal probate is not an adjudication and does not preclude formal probate proceedings. 14-3306. Informal probate; notice requirements A. The applicant must give notice as described by section 14-1401 of the applicant's application for informal probate: 1. To any person demanding it pursuant to section 14-3204. 2. To any personal representative of the decedent whose appointment has not been terminated. No other notice need be given before issuance of a statement of informal probate by the registrar. B. On issuance of a statement of informal probate, the applicant must within thirty days give written information to all heirs and devisees of the admission of the will to probate, together with a copy of the will. The information shall describe the court where papers relating to the estate are on file and state that an heir or devisee has four months from receipt of the information within which to commence a formal testacy proceeding if the heir or devisee wishes to contest the probate. If a personal representative has been appointed, the information given pursuant to this section may be combined with the information required by section 14-3705 and may in that case be given by either the applicant or the personal representative on behalf of both. This information shall be delivered or sent by mail to each of the heirs and devisees whose address is reasonably available to the applicant. An heir or devisee to whom the information is given is barred from commencing a formal testacy proceeding to contest the probate of the will after four months have elapsed from receipt of the information, but an heir or devisee is not barred from commencing a formal testacy proceeding to probate a later discovered will. An heir or devisee to whom the information is not given may contest the informal probate within the time limit specified in section 14-3108. The applicant shall be liable to any heir or devisee damaged by failure to comply with this subsection. An applicant's failure to give information as required by this section is a breach of the applicant's duty to the heirs and devisees but does not affect the validity of the probate. 14-3307. Informal appointment proceedings; delay in order; duty of registrar; effect of appointment A. Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 14-3614, if at least one hundred twenty hours have elapsed since the decedent's death, the registrar, after making the findings required by section 14-3308, shall appoint the applicant subject to qualification and acceptance, except that 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 the decedent's will directs that his estate be subject to the laws of this state. B. 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 thereby, is subject to termination as provided in sections 14-3608 through 14-3612, but is not subject to retroactive vacation. 14-3308. Informal appointment proceedings; proof and findings required A. In informal appointment proceedings, the registrar must determine whether: 1. The application for informal appointment of a personal representative is complete. 2. The applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief. 3. The applicant appears from the application to be a person permitted to apply as provided in section 14-3301, subsection A. 4. On the basis of the statements in the application, venue is proper. 5. Any will to which the requested appointment relates has been or is being simultaneously formally or informally probated, except this requirement does not apply to the appointment of a special administrator. 6. Any notice required by section 14-3204 has been given. 7. From the statements in the application, the person whose appointment is sought has priority entitling him to the appointment. 8. The will, if any, requires supervised administration. B. Unless section 14-3612 controls, the application must be denied if it indicates any of the following: 1. A personal representative who has not filed a written statement of resignation as provided in section 14-3610, subsection C has been appointed in this or another county of this state. 2. The decedent was not domiciled in this state, a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile and the applicant is not the domiciliary personal representative or his nominee. 3. Other requirements of this section have not been met. 14-3309. Informal appointment proceedings; registrar not satisfied If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 14-3307 and 14-3308, or for any other reason, the registrar may decline the application. A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings. 14-3310. Informal appointment proceedings; notice requirements The moving party must give notice as described by section 14-1401 of his intention to seek an appointment informally: 1. To any person demanding it pursuant to section 14-3204. 2. To any person having a prior or equal right to appointment not waived in writing and filed with the court. No other notice of an informal appointment proceeding is required. 14-3311. Informal appointment unavailable in certain cases If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of this state, and which is not filed for probate in this court, the registrar shall decline the application. 14-3401. Formal testacy proceedings; nature; when commenced A. 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 section 14-3402, subsection A 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 section 14-3402, subsection B for an order that the decedent died intestate. B. 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 involve a request for appointment of a personal representative. C. 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. D. 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. 14-3402. Formal testacy or appointment proceedings; petition; contents A. Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the court, request a judicial order after notice and hearing and contain further statements as indicated in this section. A petition for formal probate of a will must: 1. Request an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs; 2. Contain the statements required for informal applications as stated in paragraph 1 of subsection B of section 14-3301 and the statements required by subdivisions (b) and (c), paragraph 2 of subsection B of section 14-3301; and 3. State whether the original of the last will of the decedent is in the possession of the court or accompanies the petition. If the original will or a certified copy of a will probated in another jurisdiction neither is in the possession of the court nor accompanies the petition, the petition also must state the contents of the will, and indicate that it is lost, destroyed or otherwise unavailable. B. A petition for adjudication of intestacy and appointment of an administrator in intestacy must request a judicial finding and order that the decedent left no will and determining the heirs, contain the statements required by paragraphs 1 and 4 of subsection B of section 14-3301 and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of an administrator, in which case, the statements required by subdivision (b), paragraph 4 of subsection B of section 14-3301 may be omitted. 14-3403. Formal testacy proceeding; notice of hearing on petition A. On commencement of a formal testacy proceeding, the clerk shall fix a time and place of hearing. Notice shall be given in the manner prescribed by section 14-1401 by the petitioner to the persons specified in this section and to any additional person who has filed a demand for notice under section 14-3204. Notice shall be given to the following persons: the surviving spouse, children and other heirs of the decedent, the devisees and executors named in any will that is being, or has been, probated, or offered for informal or formal probate in the county, or that is known by the petitioner to have been probated, or offered for informal or formal probate in another jurisdiction, and any personal representative of the decedent whose appointment has not been terminated. Notice may be given to other persons. To the extent that the petitioner is not otherwise required by section 14-1401 to give notice by publication, the petitioner shall give notice by publication in the manner prescribed by section 14-1401, subsection A, paragraph 3 to all unknown persons. B. If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the notice of the hearing on the petition shall be sent by registered mail to the alleged decedent at the decedent's last known address. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including any or all of the following methods: 1. By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent. 2. By notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent. 3. By engaging the services of an investigator. The costs of any search so directed shall be paid by the petitioner if there is no administration or by the estate of the decedent in case there is administration. 14-3404. Formal testacy proceedings; written objections to probate Any party to a formal proceeding who opposes the probate of a will for any reason shall state in his pleadings his objections to probate of the will. 14-3405. Formal testacy proceedings; uncontested cases; hearings and proof If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 14-3409 have been met, or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit or testimony of one of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit. 14-3406. Formal testacy proceedings; contested cases; testimony of attesting witnesses A. If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state, competent and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence. B. If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit. 14-3407. Formal testacy proceedings; burdens in contested cases In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue and heirship. Proponents of a will, if they are also petitioners, have the burden of establishing prima facie proof of death and venue. If a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate. 14-3408. Formal testacy proceedings; will construction; effect of final order in another jurisdiction A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this state if it includes, or is based upon, a finding that the decedent was domiciled at his death in the state where the order was made. 14-3409. Formal testacy proceedings; order; foreign will 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, venue is proper and that the proceeding was commenced within the limitation prescribed by section 14-3108, it shall determine the decedent's domicile at death, his heirs and his state of testacy. Any will found to be valid and unrevoked shall be formally probated. 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 section 14-3612. The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a place which does not provide for probate of a will after death, may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place. 14-3410. Formal testacy proceedings; probate of more than one instrument If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one instrument is probated, the order shall indicate what provisions control in respect to the nomination of an executor, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of section 14-3412. 14-3411. Formal testacy proceedings; partial intestacy If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect. 14-3412. Formal testacy proceedings; effect of order; vacation A. Subject to appeal and subject to vacation as provided in this section and in section 14-3413, a formal testacy order under sections 14-3409 through 14-3411, including an order that the decedent left no valid will and determining heirs, is final as to all persons with respect to all issues concerning the decedent's estate that the court considered or might have considered incident to its rendition relevant to the question of whether the decedent left a valid will, and to the determination of heirs, except that: 1. Not later than sixty days after entry of a formal testacy order probating a will or a formal adjudication of intestacy, any interested person who did not oppose the probate of the will or the allegations of intestacy at the original hearing may petition the court to vacate its order and reopen the matter; the court shall thereupon fix a time and place of hearing, with notice to the heirs, the devisees named in the will, the personal representative, and other persons as directed by the court. The court shall proceed as in any contested testacy case; the court may vacate the original order and make a new order determining the decedent's state of testacy, or deny the petition to vacate and confirm the original order. 2. The court shall entertain a petition for modification or vacation of its order and probate of another will of the decedent if it is shown that the proponents of the later-offered will were unaware of its existence at the time of the earlier proceeding or were unaware of the earlier proceeding and were given no notice thereof, except by publication. 3. If intestacy of all or part of the estate has been ordered, the determination of heirs of the decedent may be reconsidered if it is shown that one or more persons were omitted from the determination and it is also shown that the persons were unaware of their relationship to the decedent, were unaware of his death or were given no notice of any proceeding concerning his estate, except by publication. 4. A petition for vacation under either paragraph 2 or 3 of this subsection must be filed prior to the earlier of the following time limits: (a) If a personal representative has been appointed for the estate, the time of entry of any order approving final distribution of the estate, or, if the estate is closed by statement, six months after the filing of the closing statement. (b) Whether or not a personal representative has been appointed for the estate of the decedent, the time prescribed by section 14-3108 when it is no longer possible to initiate an original proceeding to probate a will of the decedent. (c) Twelve months after the entry of the order sought to be vacated. 5. The order originally rendered in the testacy proceeding may be modified or vacated, if appropriate under the circumstances, by the order of probate of the later-offered will or the order redetermining heirs. 6. The finding of the fact of death is conclusive as to the alleged decedent only if notice of the hearing on the petition in the formal testacy proceeding was sent by registered or certified mail addressed to the alleged decedent at his last known address and the court finds that a search under section 14-3403, subsection B was made. B. If the alleged decedent is not dead, even if notice was sent and search was made, he may recover estate assets in the hands of the personal representative. In addition to any remedies available to the alleged decedent by reason of any fraud or intentional wrongdoing, the alleged decedent may recover any estate or its proceeds from distributees that is in their hands, or the value of distributions received by them, to the extent that any recovery from distributees is equitable in view of the circumstances. 14-3413. Formal testacy proceedings; vacation of order for other cause For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal. 14-3414. Formal proceedings concerning appointment of personal representative A. A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative, or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy of the decedent is or may be involved, is governed by section 14-3402, as well as by this section. In other cases, the petition shall contain or adopt the statements required by section 14-3301, subsection B, paragraph 1 and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously appointed personal representative, after receipt of notice thereof, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise. B. After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative and any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under section 14-3203, make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under section 14-3611. 14-3415. Lost and missing wills; wills probated in other jurisdictions A. If an original will that was last seen in the possession of the testator cannot be found after the testator's death, the testator is presumed to have destroyed the will with the intention of revoking it. This presumption may be rebutted by a preponderance of the evidence. If this presumption arises and is not rebutted the will is revoked. B. If a will is found to be valid and unrevoked and the original will is not available, its contents can be proved by a copy of the will and the testimony of at least one credible witness that the copy is a true copy of the original. It is not necessary for this person to be an attesting witness to the will. C. If a will is found to be valid and unrevoked and a copy of the will is not available, its contents can be proved only by clear and convincing evidence. For this purpose it is not necessary for a witness to be an attesting witness to the will. On a finding of clear and convincing evidence of the contents of such a will, the court, by order, shall set forth the contents of the will in reasonable detail. D. If a certified copy of the will, as probated in another jurisdiction, is not available, the contents of the will can be proved by a copy of the will and the testimony of at least one credible witness that the copy is a true copy of the original, as probated in the other jurisdiction. It is not necessary for this person to be an attesting witness to the will. 14-3501. Supervised administration; nature of proceeding Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to the interested parties, and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. Except as otherwise provided in this article, or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised. 14-3502. Supervised administration; petition; order A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the prayer for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously, the petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration, even though the request for supervised administration may be denied. After notice to interested persons, the court shall order supervised administration of a decedent's estate: 1. If the decedent's will directs supervised administration, it shall be ordered unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration. 2. If the decedent's will directs unsupervised administration, supervised administration shall be ordered only upon a finding that it is necessary for protection of persons interested in the estate. 3. In other cases if the court finds that supervised administration is necessary under the circumstances. 14-3503. Supervised administration; effect on other proceedings A. The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed. B. If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised administration is as provided for formal testacy proceedings by section 14-3401. C. After he has received notice of the filing of a petition for supervised administration, a personal representative who has been appointed previously shall not exercise his power to distribute any estate. The filing of the petition does not affect his other powers and duties unless the court restricts the exercise of any of them pending full hearing on the petition. 14-3504. Supervised administration; powers of personal representative Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this title, but all sales of real property shall be subject to court confirmation and the personal representative shall not exercise his power to make any distribution of the estate without prior order of the court. Any other restriction on the power of a personal representative which may be ordered by the court must be endorsed on his letters of appointment and, unless so endorsed, is ineffective as to persons dealing in good faith with the personal representative. 14-3505. Supervised administration; interim orders; distribution and closing orders; annual accounts; accounting on closing A. Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices and contents of orders prescribed for proceedings under section 14-3931. Interim orders approving or directing partial distributions or granting other relief may be issued by the court at any time during the pendency of a supervised administration on the application of the personal representative or any interested person. B. A supervised personal representative shall file an account with the court not less than annually during his administration, and on closing shall file a final account to be approved under section 14-3931. He shall also account to the court on resignation or removal. Subject to appeal or vacation within the time permitted, an order made on notice and hearing allowing an intermediate account of a personal representative adjudicates his liabilities concerning matters considered in connection therewith. A copy of the intermediate account must be sent to all interested parties along with notice of hearing on the account. In connection with any account, the court may require the personal representative to submit to physical check of the estate in his control, to be made in any manner the court may specify. 14-3601. Qualification Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office. 14-3602. Acceptance of appointment; consent to jurisdiction By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative, or mailed to him by ordinary first class mail at his address as listed in the application or petition for appointment or as thereafter reported to the court and to his address as then known to the petitioner. 14-3603. Bond required; exceptions A. A bond is required of a personal representative unless either: 1. The will expressly waives the bond. 2. All of the heirs if no will has been probated, or all of the devisees under a will that does not provide for waiver of the bond, file with the court a written waiver of the bond requirement. A duly appointed guardian or conservator may waive on behalf of the ward or protected person unless the guardian or conservator is the personal representative. 3. The personal representative is a national banking association, a holder of a banking permit under the laws of this state, a savings and loan association authorized to conduct trust business in this state, a title insurance company that is qualified to do business under the laws of this state, a trust company holding a certificate to engage in trust business from the deputy director of the financial institutions division of the department of insurance and financial institutions or the public fiduciary. 4. The petition for formal or informal appointment alleges that the probable value of the entire estate will allow summary procedures under section 14-3973 and the surviving spouse, or the nominee of the surviving spouse, is applying for appointment as personal representative. B. In any case where a bond is not required under subsection A of this section, the court, on petition of any interested person and on reasonable proof that the interest of the petitioning person is in danger of being lost because of the administration of the estate, may require a bond in such an amount as the court may direct to protect the interest of the petitioner or of the petitioner and others. An heir or devisee who initially waived bond may be a petitioner under this subsection. C. If a bond is not initially required because the petition for appointment alleges that the probable value of the entire estate will allow summary procedures under section 14-3973, and it later appears from the inventory and appraisal that the value of the estate will not allow use of such procedures, then the personal representative must promptly file a bond unless one is not required for some other reason under subsection A of this section. 14-3604. Bond amount; security; procedure; reduction A. If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or petition, the person qualifying shall file a statement under oath with the registrar indica