Except as otherwise ordered in formal proceedings, the probate of a will subsequent
to the appointment of a personal representative in intestacy or under a will which
is superseded by formal probate of another will, or the vacation of an informal probate
of a will subsequent to the appointment of the personal representative thereunder,
does not terminate the appointment of the personal representative although his powers
may be reduced as provided in section 15-12-401. Termination occurs upon appointment in informal or formal appointment proceedings
of a person entitled to appointment under the later assumption concerning testacy. If no request for new appointment is made within thirty days after expiration of
time for appeal from the order in formal testacy proceedings, or from the informal
probate, changing the assumption concerning testacy, the previously appointed personal
representative upon request may be appointed personal representative under the subsequently
probated will, or as in intestacy as the case may be.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.