15-3-307. INFORMAL APPOINTMENT PROCEEDINGS — DELAY IN ORDER — DUTY OF REGISTRAR — EFFECT OF APPOINTMENT. (a) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in section 15-3-614 of this code, if at least one hundred twenty (120) hours have elapsed since the decedent’s death, the registrar, after making the findings required by section 15-3-308 of this chapter, shall appoint the applicant subject to qualification and acceptance; provided, that if the decedent was a nonresident, the registrar shall delay the order of appointment until thirty (30) days have elapsed since death unless the personal representative appointed at the decedent’s domicile is the applicant, or unless the decedent’s will directs that his estate be subject to the laws of this state.
(b) The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in sections 15-3-608 through 15-3-612 of this code, but is not subject to retroactive vacation.
History:
[I.C., sec. 15-3-307, as added by 1971, ch. 111, sec. 1, p. 233.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION
Part 3 - INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS
Section 15-3-301 - INFORMAL PROBATE OR APPOINTMENT PROCEEDINGS — APPLICATION — CONTENTS.
Section 15-3-302 - INFORMAL PROBATE — DUTY OF REGISTRAR — EFFECT OF INFORMAL PROBATE.
Section 15-3-303 - INFORMAL PROBATE — PROOF AND FINDINGS REQUIRED.
Section 15-3-303A - NOTICE REQUIRED.
Section 15-3-304 - INFORMAL PROBATE — UNAVAILABLE IN CERTAIN CASES.
Section 15-3-305 - INFORMAL PROBATE — REGISTRAR NOT SATISFIED.
Section 15-3-306 - INFORMAL PROBATE — NOTICE REQUIREMENTS.
Section 15-3-308 - INFORMAL APPOINTMENT PROCEEDINGS — PROOF AND FINDINGS REQUIRED.
Section 15-3-309 - INFORMAL APPOINTMENT PROCEEDINGS — REGISTRAR NOT SATISFIED.
Section 15-3-310 - INFORMAL APPOINTMENT PROCEEDINGS — NOTICE REQUIREMENTS.
Section 15-3-311 - INFORMAL APPOINTMENT UNAVAILABLE IN CERTAIN CASES.