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State Statutes - Idaho - Title 15 - Chapter 3 - 15-3-308
Idaho Statutes
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15-3-308 - INFORMAL APPOINTMENT PROCEEDINGS -- PROOF AND FINDINGS REQUIRED
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 an interested person
as defined in subsection (24) of section 15-1-201 of this code;
(4) on the basis of the statements in the application, venue is proper;
(5) any will to which the requested appointment relates has been formally
or informally probated; but this requirement does not apply to the
appointment of a special administrator;
(6) any notice required by section 15-3-204 of this code has been given;
(7) from the statements in the application, the person whose appointment
is sought has priority entitling him to the appointment.
(b) Unless section 15-3-612 of this code controls, the application must
be denied if it indicates that a personal representative who has not filed a
written statement of resignation as provided in subsection (c) of section
15-3-610 of this code has been appointed in this or another county of this
state, that (unless the applicant is the domiciliary personal representative
or his nominee) the decedent was not domiciled in this state and that a
personal representative whose appointment has not been terminated has been
appointed by a court in the state of domicile, or that other requirements of
this section have not been met.
 
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