1. Letters testamentary shall be granted to the personal representative or personal
representatives designated in the will. If part of the persons designated in the will are found by the court to be incompetent,
unsuitable or improper or are disqualified or fail to apply for letters, letters shall
be granted to the others designated, and if all personal representatives designated
are found by the court to be incompetent, unsuitable or improper or are disqualified
or fail to apply, letters shall be granted to some other qualified person.
2. Letters of administration shall be granted to the following persons if otherwise
(1) To the husband or wife;
(2) To one or more of those who are entitled to distribution of the estate, who the
court shall believe will best manage and preserve the estate. A conservator of a distributee is not entitled to preference;
(3) If the court believes no one of the persons entitled to administer is a competent
and suitable person, or if any such person fails to apply for letters when directed
by the court, some other person may be appointed;
(4) A person entitled to letters of administration under subdivision (1) or (2) of
this subsection, or who would be entitled thereto but for section 473.117, may, if he has attained the age of eighteen years and has sufficient mental capacity
for the purpose, nominate a qualified person to act as personal representative. Any such person may renounce his right to nominate or to be appointed by an appropriate
writing filed with the court. When two or more persons share a priority, those of them who do not renounce must
concur in nominating another to act for them or in applying for appointment.
3. A natural person or corporate fiduciary, otherwise qualified, who is a nonresident
of this state may be appointed as a personal representative.
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