Successor personal representative

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72-3-527. Successor personal representative. (1) Parts 2 and 3 of this chapter govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated.

(2) After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and a notice, process, or claim that was given or served upon the former personal representative is not required to be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may have obtained or preserved with reference to the former personal representative.

(3) Except as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration that the former personal representative would have had if the former personal representative's appointment had not been terminated.

History: En. 91A-3-613 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-613; amd. Sec. 2346, Ch. 56, L. 2009.


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