75-3-307 - Informal appointment proceedings -- Delay in order -- Duty of registrar -- Effect of appointment.
75-3-307. Informal appointment proceedings -- Delay in order -- Duty of registrar-- Effect of appointment.
(1) After receipt of an application for informal appointment of a personal representativeother than a special administrator as provided in Section 75-3-614, the registrar, after making thefindings required by Section 75-3-308, shall appoint the applicant subject to qualification andacceptance, if at least 10 days have elapsed since the date of the notice required by Section75-3-310, or if at least 120 hours have elapsed since the decedent's death and all persons entitledto notice under Section 75-3-310 have waived this notice in writing; but if the decedent was anonresident, the registrar shall delay the order of appointment until 30 days have elapsed sincedeath unless the personal representative appointed at the decedent's domicile is the applicant, orunless the decedent's will directs that his estate be subject to the laws of this state.
(2) The status of personal representative and the powers and duties pertaining to theoffice are fully established by informal appointment. An appointment, and the office of personalrepresentative created by it, is subject to termination as provided in Sections 75-3-608 through75-3-612, but is not subject to retroactive vacation.
Amended by Chapter 194, 1977 General Session