Section 3-308
(a)
In informal appointment proceedings, the court or a magistrate shall determine whether:
- (1) the petition for informal appointment of a personal representative is complete;
- (2) the petitioner has made oath or affirmation that the statements contained in the petition are true to the best of the petitioner's knowledge and belief;
- (3) the petitioner appears from the petition to be an interested person as defined in section 1–201(24);
- (4) on the basis of the statements in the petition, venue is proper;
- (5) any will to which the requested appointment relates has been formally or informally probated; but this requirement shall not apply to the appointment of a special personal representative;
- (6) any notice required by section 3–306 has been given; and
- (7) from the statements in the petition, the person whose appointment is sought has priority entitling that person to the appointment;
- (8) on the basis of the statements in the petition, the spouse and heirs are not incapacitated persons or minors; or if any are incapacitated persons or minors they are represented by guardians or conservators; and
- (9) a death certificate issued by a public officer is in the court's possession.
(b)
Unless section 3–612 controls, the petition shall be denied if it indicates that: a personal representative who has not filed a written statement of resignation has been appointed in this or another county of the commonwealth; unless the petitioner is the domiciliary personal representative or the domiciliary representative's nominee, the decedent was not domiciled in the commonwealth; and a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile; or that other requirements of this section have not been met.
Comment
Sections 3-614 and 3-615 make it clear that a special personal representative may be appointed to conserve the estate during any period of delay in probate of a will. Even though the will has not been approved, Section 3-614 gives priority for appointment as special personal representative to the person nominated by the will which has been offered for probate. Section 3-203 governs priorities for appointment. Under it, one or more of the same class may receive priority through agreement of the others.
The last sentence of the section is designed to prevent informal appointment of a personal representative in this commonwealth when a personal representative has been previously appointed at the decedent's domicile. Sections 4-204 and 4-205 may make local appointment unnecessary. Appointment in formal proceedings is possible, however.