§ 5-401. Nature of proceeding.
Judicial probate is a proceeding instituted by the filing of a petition for probate by an interested person, or creditor, with the court for the probate of a will or a determination of the intestacy of the decedent, and for the appointment of a personal representative. The proceeding is conducted after notice as provided in § 5-403, and is final except as provided in § 5-406. If no petition is filed within a reasonable time the register may file it with the approval of the court.
[An. Code 1957, art. 93, § 5-401; 1974, ch. 11, § 2.]