SECTION 3-409. FORMAL TESTACY PROCEEDINGS; ORDER; FOREIGN WILL Uniform Probate Code

SECTION 3-409. FORMAL TESTACY PROCEEDINGS; ORDER; FOREIGN WILL Uniform Probate Code

  After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was commenced within the limitation prescribed by Section 3-108, it shall determine the decedent’s domicile at death, his heirs and his state of testacy. Any will found to

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be valid and unrevoked shall be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by Section 3-612. The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a place which does not provide for probate of a will after death, may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place.

Comment

Model Probate Code (1946) Section 80(a), slightly changed. If the court is not satisfied that the alleged decedent is dead, it may permit amendment of the proceeding so that it would become a proceeding to protect the estate of a missing and therefore “disabled” person. See Article V of this Code.