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§560:3-307 - Informal appointment proceedings; delay in order; duty of registrar; effect of appointment.

     §560:3-307  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 560:3-614, if at least one hundred twenty hours have elapsed since the decedent's death, and after the registrar has made the findings required by section 560:3-308, the registrar shall appoint the applicant subject to qualification and acceptance; provided that if the decedent was a non-resident, the registrar shall delay the appointment until thirty 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 the decedent's 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 560:3-608 to 560:3-612, but is not subject to retroactive vacation. [L 1996, c 288, pt of §1; am L 1997, c 244, §6]

 

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