75-3-203 - Priority among persons seeking appointment as personal representative.
75-3-203. Priority among persons seeking appointment as personal representative.
(1) Whether the proceedings are formal or informal, persons who are not disqualifiedhave priority for appointment in the following order:
(a) the person with priority as determined by a probated will, including a personnominated by a power conferred in a will;
(b) the surviving spouse of the decedent who is a devisee of the decedent;
(c) other devisees of the decedent;
(d) the surviving spouse of the decedent;
(e) other heirs of the decedent;
(f) 45 days after the death of the decedent, any creditor.
(2) An objection to an appointment can be made only in formal proceedings. In case ofobjection the priorities stated in Subsection (1) apply except that:
(a) If the estate appears to be more than adequate to meet exemptions and costs ofadministration but inadequate to discharge anticipated unsecured claims, the court, on petition ofcreditors, may appoint any qualified person;
(b) In case of objection to appointment of a person other than one whose priority isdetermined by will by an heir or devisee appearing to have a substantial interest in the estate, thecourt may appoint a person who is acceptable to heirs and devisees whose interests in the estateappear to be worth in total more than one-half of the probable distributable value, or, in defaultof this accord, any suitable person.
(3) A person entitled to letters under Subsections (1)(b) through (1)(f) and a person aged18 and over who would be entitled to letters but for his age, may nominate a qualified person toact as personal representative. Any person aged 18 and over may renounce his right to nominateor to an appointment by appropriate writing filed with the court. When two or more persons sharea priority, those of them who do not renounce must concur in nominating another to act for themor in applying for appointment in informal proceedings. When two or more persons share apriority, any one or more of them who do not renounce may nominate another to act or apply forappointment in formal proceedings. Before appointing fewer than all persons who share a priorityand who have not renounced or nominated another, the court must determine that those sharingthe priority, although given notice of the formal proceedings, have failed to request appointmentor to nominate another for appointment, and that administration is necessary.
(4) Conservators of the estates of protected persons, or if there is no conservator, anyguardian, except a guardian ad litem of a minor or incapacitated person, may exercise the sameright to nominate, to object to another's appointment, or to participate in determining thepreference of a majority in interest of the heirs and devisees that the protected person or wardwould have if qualified for appointment.
(5) Appointment of one who does not have priority under Subsection (1) or priorityresulting from renunciation or nomination determined pursuant to this section may be made onlyin formal proceedings. Before appointing one without priority, the court must determine thatthose having priority, although given notice of the proceedings, have failed to requestappointment or to nominate another for appointment, and that administration is necessary.
(6) No person is qualified to serve as a personal representative who is:
(a) under the age of 21;
(b) a person whom the court finds unsuitable in formal proceedings.
(7) A personal representative appointed by a court of the decedent's domicile has priority
over all other persons except where the decedent's will nominates different persons to be personalrepresentative in this state and in the state of domicile. The domiciliary personal representativemay nominate another, who shall have the same priority as the domiciliary personalrepresentative.
(8) This section governs priority for appointment of a successor personal representativebut does not apply to the selection of a special administrator.
Amended by Chapter 226, 1983 General Session