SECTION 3-107 Uniform Probate Code. SCOPE OF PROCEEDINGS; PROCEEDINGS
INDEPENDENT; EXCEPTION. Unless supervised administration as described in [Part] 5 is
involved,
(1) each proceeding before the court or Registrar is independent of any other proceeding involving the same estate;
(2) petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this [article], no petition is defective because it fails to embrace all matters which might then be the subject of a final order;
(3) proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives; and
(4) a proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.
(1) each proceeding before the court or Registrar is independent of any other proceeding involving the same estate;
(2) petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this [article], no petition is defective because it fails to embrace all matters which might then be the subject of a final order;
(3) proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives; and
(4) a proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.
Comment
This section and others in Article III describe a system of administration of decedents’
estates which gives interested persons control of whether matters relating to estates will become
occasions for judicial orders. Sections 3-501 through 3-505 describe supervised administration,
a judicial proceeding which is continuous throughout administration. It corresponds with the
theory of administration of decedents’ estates which prevails in many states. See, Section 62,
Model Probate Code (1946). If supervised administration is not requested, persons interested in
an estate may use combinations of the formal proceedings (order by judge after notice to persons
concerned with the relief sought), informal proceedings (request for the limited response that
nonjudicial personnel of the probate court are authorized to make in response to verified
application) and filings provided in the remaining Parts of Article III to secure authority and
protection needed to administer the estate. Nothing except self-interest will compel resort to the
judge. When resort to the judge is necessary or desirable to resolve a dispute or to gain
protection, the scope of the proceeding if not otherwise prescribed by the Code is framed by the
petition. The securing of necessary jurisdiction over interested persons in a formal proceeding is
facilitated by Sections 3-106 and 3-602. Section 3-201 locates venue for all proceedings at the
place where the first proceeding occurred.
