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.