72-3-302. Formal testacy proceedings -- nature -- how and when commenced. (1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will.
(2) A formal testacy proceeding may be commenced by an interested person filing a petition:
(a) as described in 72-3-301(1) in which the person requests that the court, after notice and hearing, enter an order probating a will;
(b) to set aside an informal probate of a will or to prevent informal probate of a will that is the subject of a pending application; or
(c) for an order that the decedent died intestate.
(3) A petition may seek formal probate of a will without regard to whether the will or a conflicting will has been informally probated.
(4) A formal testacy proceeding may but need not involve a request for appointment of a personal representative.
History: En. 91A-3-401 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-401(part); amd. Sec. 2327, Ch. 56, L. 2009.