72-3-302 . Formal testacy proceedings -- nature -- how and when commenced. (1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. (2) A formal testacy proceeding may be commenced by an interested person filing a petition: (a) as described in 72-3-301 (1) in which the person requests that the court, after notice and hearing, enter an order probating a will; (b) to set aside an informal probate of a will or to prevent informal probate of a will that is the subject of a pending application; or (c) for an order that the decedent died intestate. (3) A petition may seek formal probate of a will without regard to whether the will or a conflicting will has been informally probated. (4) A formal testacy proceeding may but need not involve a request for appointment of a personal representative.
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