SECTION 3-308 Uniform Probate Code. INFORMAL APPOINTMENT PROCEEDINGS; PROOF AND FINDINGS REQUIRED.

SECTION 3-308 Uniform Probate Code. 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 Section 1-201(23);
(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 3-204 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 3-612 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 Section 3-610(c) 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.
Comment
Sections 3-614 and 3-615 make it clear that a special administrator may be appointed to conserve the estate during any period of delay in probate of a will. Even though the will has not been approved, Section 3-614 gives priority for appointment as special administrator to the person nominated by the will which has been offered for probate. Section 3-203 governs priorities for appointment. Under it, one or more of the same class may receive priority through agreement of the others.
The last sentence of the section is designed to prevent informal appointment of a personal representative in this state when a personal representative has been previously appointed at the decedent’s domicile. Sections 4-204 and 4-205 may make local appointment unnecessary.

Appointment in formal proceedings is possible, however.