75-3-502 - Petition -- Order.
75-3-502. Petition -- Order.
A petition for supervised administration may be filed by any interested person or by apersonal representative at any time or the prayer for supervised administration may be joined witha petition in a testacy or appointment proceeding. If the testacy of the decedent and the priorityand qualification of any personal representative have not been adjudicated previously, the petitionfor supervised administration shall include the matters required of a petition in a formal testacyproceeding and the notice requirements and procedures applicable to a formal testacy proceedingapply. If not previously adjudicated, the court shall adjudicate the testacy of the decedent andquestions relating to the priority and qualifications of the personal representative in any caseinvolving a request for supervised administration, even though the request for supervisedadministration may be denied. After notice to interested persons, the court shall order supervisedadministration of a decedent's estate:
(1) If the decedent's will directs supervised administration, it shall be ordered unless thecourt finds that circumstances bearing on the need for supervised administration have changedsince the execution of the will and that there is no necessity for supervised administration.
(2) If the decedent's will directs unsupervised administration, supervised administrationshall be ordered only upon a finding that it is necessary for protection of persons interested in theestate.
(3) In other cases if the court finds that supervised administration is necessary under thecircumstances.
Amended by Chapter 30, 1992 General Session