PART 3. INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS;
SUCCESSION WITHOUT ADMINISTRATION
Subpart 1. Informal Probate and Appointment Proceedings
SECTION 3-301 Uniform Probate Code. INFORMAL PROBATE OR APPOINTMENT PROCEEDINGS;
APPLICATION; CONTENTS.
(a) 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 his 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, his age, and the county and state of his domicile at the time of death, and the names and addresses of the spouse, children, heirs and devisees and the ages of any who are minors so far as known or ascertainable with reasonable diligence by the applicant;
Subpart 1. Informal Probate and Appointment Proceedings
SECTION 3-301 Uniform Probate Code. INFORMAL PROBATE OR APPOINTMENT PROCEEDINGS;
APPLICATION; CONTENTS.
(a) 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 his 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, his age, and the county and state of his domicile at the time of death, and the names and addresses of the spouse, children, heirs and devisees and the ages of any who are minors so 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 his death, a
statement showing venue;
(D) a statement identifying and indicating the address of any personal representative of the decedent appointed in this state or elsewhere 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; and
(F) that the time limit for informal probate or appointment as provided in
this [article] has not expired either because three years or less have passed since the decedent’s death, or, if more than three years from death have passed, circumstances as described by Section 3-108 have occurred authorizing tardy probate or appointment.
(2) An application for informal probate of a will shall state the following in addition to the statements required by paragraph (1):
(A) that the original of the decedent’s last will is in the possession of the court, or accompanies the application, or that an authenticated copy of a will probated in another jurisdiction accompanies the application;
(B) that the applicant, to the best of his 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 which is the subject of the application is the decedent’s last will.
(D) a statement identifying and indicating the address of any personal representative of the decedent appointed in this state or elsewhere 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; and
(F) that the time limit for informal probate or appointment as provided in
this [article] has not expired either because three years or less have passed since the decedent’s death, or, if more than three years from death have passed, circumstances as described by Section 3-108 have occurred authorizing tardy probate or appointment.
(2) An application for informal probate of a will shall state the following in addition to the statements required by paragraph (1):
(A) that the original of the decedent’s last will is in the possession of the court, or accompanies the application, or that an authenticated copy of a will probated in another jurisdiction accompanies the application;
(B) that the applicant, to the best of his 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 which 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):
(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 1-301, or, a statement why any such instrument of which he 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 3-203.
(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 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 3-610(c), or whose appointment has been terminated by death 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.
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):
(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 1-301, or, a statement why any such instrument of which he 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 3-203.
(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 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 3-610(c), or whose appointment has been terminated by death 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.
(b) 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 him.
Comment
Forcing one who seeks informal probate or informal appointment to make oath before a public official concerning the details required of applications should deter persons who might otherwise misuse the no-notice feature of informal proceedings. The application is available as a part of the public record. If deliberately false representation is made, remedies for fraud will be available to injured persons without specified time limit (see Article I). The section is believed to provide important safeguards that may extend well beyond those presently available under supervised administration for persons damaged by deliberate wrongdoing.
Section 1-310 deals with verification.
In 1975, the Joint Editorial Board recommended the addition of subsection (b) to reflect an improvement accomplished in the first enactment in Idaho. The addition, which is a form of long-arm provision that affects everyone who acts as an applicant in informal proceedings, in conjunction with Section 1-106 provides a remedy in the court of probate against anyone who might make known misstatements in an application. The addition is not needed in the case of an applicant who becomes a personal representative as a result of his application, for the implied consent provided in Section 3-602 would cover the matter. Also, the requirement that the applicant state that time limits on informal probate and appointment have not run, formerly appearing as (D) under paragraph (2) was expanded to refer to informal appointment and moved into paragraph (1). Correcting an oversight in the original text, this change coordinates the statements required in an application with the limitations provisions of Section 3-108.
Comment
Forcing one who seeks informal probate or informal appointment to make oath before a public official concerning the details required of applications should deter persons who might otherwise misuse the no-notice feature of informal proceedings. The application is available as a part of the public record. If deliberately false representation is made, remedies for fraud will be available to injured persons without specified time limit (see Article I). The section is believed to provide important safeguards that may extend well beyond those presently available under supervised administration for persons damaged by deliberate wrongdoing.
Section 1-310 deals with verification.
In 1975, the Joint Editorial Board recommended the addition of subsection (b) to reflect an improvement accomplished in the first enactment in Idaho. The addition, which is a form of long-arm provision that affects everyone who acts as an applicant in informal proceedings, in conjunction with Section 1-106 provides a remedy in the court of probate against anyone who might make known misstatements in an application. The addition is not needed in the case of an applicant who becomes a personal representative as a result of his application, for the implied consent provided in Section 3-602 would cover the matter. Also, the requirement that the applicant state that time limits on informal probate and appointment have not run, formerly appearing as (D) under paragraph (2) was expanded to refer to informal appointment and moved into paragraph (1). Correcting an oversight in the original text, this change coordinates the statements required in an application with the limitations provisions of Section 3-108.
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