72-3-502 . Priorities for appointment. Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order: (1) the person with priority as determined by a probated will, including a person nominated by a power conferred in a will; (2) the surviving spouse of the decedent who is a devisee of the decedent; (3) the custodial parent of a minor decedent; (4) other devisees of the decedent; (5) the surviving spouse of the decedent; (6) the parent of an adult decedent who was survived by issue, none of whom is an adult; (7) other heirs of the decedent; (8) public administrator; (9) 45 days after the death of the decedent, any creditor.
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