PROBATE OF WILLS AND ADMINISTRATION
PART 1. GENERAL PROVISIONS.
Devolution of estate at death; restrictions.
Necessity of order of probate for will.
Necessity of appointment for administration.
Claims against decedent--Necessity of administration.
Proceedings affecting devolution and administration--Jurisdiction of subject matter.
Scope of proceedings--Proceedings independent--Exception.
Probate, testacy, and appointment proceedings--Ultimate time limit.
Statutes of limitation on decedent's cause of action.
PART 2. VENUE FOR PROBATE AND ADMINISTRATION--PRIORITY TO ADMINISTER;
DEMAND FOR NOTICE.
Venue for first and subsequent estate proceedings--Location of property.
Appointment or testacy proceedings--Conflicting claim of domicile in another state.
Priority among persons seeking appointment as personal representative.
Demand for notice of order or filing concerning decedent's estate.
PART 3. INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS--SUCCESSION
Informal probate or appointment proceedings--Application--Contents.
Informal probate--Duty of clerk--Effect of informal probate.
Informal probate--Proof and findings required.
Informal probate--Clerk not satisfied.
Informal probate--Notice requirements.
Informal appointment proceedings--Delay in order--Duty of Clerk--Effect of appointment.
Informal appointment proceedings--Proof and findings required.
Informal appointment proceedings--Clerk not satisfied.
Informal appointment proceedings--Notice requirements.
Informal appointment unavailable in certain cases.
PART 4. FORMAL TESTACY AND APPOINTMENT PROCEEDING.
Formal testacy proceedings--Nature--When commenced.
Formal testacy or appointment proceedings--Petition; contents.
Formal testacy proceedings--Notice of hearing on petition.
Formal testacy proceedings--Written objections to probate.
Formal testacy proceedings--Uncontested cases--Hearings and proof.
Formal testacy proceedings--Contested cases--Testimony of attesting witnesses.
Formal testacy proceedings--Burdens in contested cases.
Formal testacy proceedings--Will construction--Effect of final order in another jurisdiction.
Formal testacy proceedings--Order--Foreign will.
Formal testacy proceedings--Probate of more than one instrument.
Formal testacy proceedings--Partial intestacy.
Formal testacy proceedings--Effect of order--Vacation.
Formal proceedings concerning appointment of personal representative.
PART 5. SUPERVISED ADMINISTRATION.
Supervised administration--Nature of proceeding.
Supervised administration--Effect on other proceedings.
Supervised administration--Powers of personal representative.
Supervised administration--Interim orders--Distribution and closing orders.
PART 6. PERSONAL REPRESENTATIVE, APPOINTMENT, CONTROL AND
TERMINATION OF AUTHORITY.
Acceptance of appointment--Consent to jurisdiction.
Bond not required without court order, exceptions.
Terms and conditions of bonds.
Order restraining personal representative.
Termination of appointment--General.
Termination of appointment--Death or disability.
Termination of appointment--Voluntary.
Termination of appointment by removal--Cause; procedure.
Termination of appointment--Change of testacy status.
Successor personal representative.
Special administrator--Who may be appointed.
Special administrator--Appointed informally--Powers and duties.
Special administrator--Formal proceedings--Power and duties.
Termination of appointment--Special administrator.
PART 7. DUTIES AND POWERS OF PERSONAL REPRESENTATIVES.
Time of accrual of duties and powers.
Priority among different letters.
General duties--Relation and liability to persons interested in estate--Standing to sue.
Personal representative to proceed without court order--Exception.
Duty of personal representative--Information to heirs and devisees.
Duty of personal representative--Inventory and appraisement.
Employment of appraisers.
Duty of personal representative--Supplementary inventory.
Duty of personal representative--Possession of estate.
Power to avoid transfers.
Powers of personal representatives--In general.
Improper exercise of power--Breach of fiduciary duty.
Sale, encumbrance, or transaction involving conflict of interest--Voidable--Exceptions.
Persons dealing with personal representative--Protection.
Transactions authorized for personal representatives--Exceptions.
Powers and duties of successor personal representative.
Co-representatives--When joint action required.
Powers of surviving personal representative.
Compensation of personal representative.
Expenses in estate litigation.
Proceedings for review of employment of agents and compensation of personal
representatives and employees of estate.
PART 8. CREDITORS' CLAIMS.
Notice to creditors.
Statutes of limitations.
Limitations on presentation of claims.
Manner of presentation of claims.
Classification of claims.
Allowance of claims.
Payment of claims.
Individual liability of personal representative.
Claims not due and contingent or unliquidated claims.
Execution and levies prohibited.
Compromise of claims.
Administration in more than one state--Duty of personal representative.
Final distribution to domiciliary representative.
Department of Social Services' claim for indebtedness incurred by paying for medical
assistance or care.
PART 9. SPECIAL PROVISIONS RELATING TO DISTRIBUTION.
Successors' rights if no administration.
Abatement--Order and amount.
Right of retainer.
Interest on general pecuniary devise.
Penalty clause for contest.
Distribution in kind--Valuation--Method.
Distribution in kind--Evidence.
Distribution--Right or title of distributee.
Improper distribution--Liability of distributee.
Purchasers from distributees protected.
Partition for purpose of distribution.
Private agreements among successors to decedent binding on personal representative.
Disposition of unclaimed assets.
Distribution to person under disability.
Apportionment of estate taxes.
PART 10. CLOSING ESTATES.
Formal proceedings terminating administration--Testate or intestate--Order of general
Closing estates--By sworn statement of personal representative.
Liability of distributees to claimants.
Limitations on proceedings against personal representatives.
Limitations on actions and proceedings against distributees.
Certificate discharging liens securing fiduciary performance.
PART 11. COMPROMISE OF CONTROVERSIES.
Effect of approval of agreements involving trusts, inalienable interests, or interests of third
Procedure for securing court approval of compromise.
PART 12. COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT AND SUMMARY
ADMINISTRATION PROCEDURE FOR SMALL ESTATES.
Collection of personal property by affidavit.
Effect of affidavit.
APPENDIX TO CHAPTER 29A-3.