The Legislative Committee on Judicial Rules reviewed a promulgated amendment to Probate Rule 3(b)(3) that narrows who must consent to allowance of a will to match the governing statute.
The amendment removes language that had required “all interested persons” to consent and instead reflects that only heirs at law and a surviving spouse must consent, aligning the rule with statutory language.
Joanne Ortell, who presented the change, said the prior rule required “all interested persons in an estate to consent to the allowance of the will, but that is not consistent with the statute,” and that the amendment was made “in order to conform to the statute.”
Committee members asked whether the change would open a door to a broad class of claimants. Ortell explained that under the statute “initially only the heirs at law and their surviving spouse would have the opportunity” to object, and that other beneficiaries are typically notified after a will is allowed. The presenter described the amendment as “pretty simple, noncontroversial.”
The committee was reminded the rule was scheduled to take effect Jan. 1 and that, because the rule has been promulgated, the committee’s remaining option was to object. When asked if there were objections, the committee recorded none.
The committee did not take further action on the rule and moved on to subsequent agenda items.