Committee reviews technical change to Probate Rule 3(b) to conform with Title 14 statutory amendment
The committee reviewed a proposed amendment to Probate Rule 3(b)(1)(b)(3) that aligns the rule with a statutory change in Title 14 allowing petitions to proceed without service if heirs and a surviving spouse consent. Members discussed how long it can take for rule text to catch up with statutory changes.
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Emily Butler, deputy clerk of the supreme court, explained that the proposed change to Probate Rule 3(b)(1)(b)(3) would conform the rule to a statutory amendment in Title 14. Under the statutory change, the court may allow a petition to proceed without service on all potential parties when all heirs and the surviving spouse consent.
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