Idaho State Statutes - Idaho Attorney Directory

FORMAL PROCEEDINGS CONCERNING APPOINTMENT OF PERSONAL
REPRESENTATIVE. (a) A formal proceeding for adjudication regarding the
priority or qualification of one who is an applicant for appointment as
personal representative, or of one who previously has been appointed personal
representative in informal proceedings, if an issue concerning the testacy of
the decedent is or may be involved, is governed by section 15-3-402 of this
Part, as well as by this section. In other cases, the petition shall contain
or adopt the statements required by subsection (a) of section 15-3-301 of this
code and describe the question relating to priority or qualification of the
personal representative which is to be resolved. If the proceeding precedes
any appointment of a personal representative, it shall stay any pending
informal appointment proceedings as well as any commenced thereafter. If the
proceeding is commenced after appointment, the previously appointed personal
representative, after receipt of notice thereof, shall refrain from exercising
any power of administration except as necessary to preserve the estate or
unless the court orders otherwise.
(b) After notice to interested persons, including all persons interested
in the administration of the estate as successors under the applicable
assumption concerning testacy, any previously appointed personal
representative and any person having or claiming priority for appointment as
personal representative, the court shall determine who is entitled to
appointment under section 15-3-203 of this code, make a proper appointment
and, if appropriate, terminate any prior appointment found to have been
improper as provided in cases of removal under section 15-3-611 of this code.

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