Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order:

1. (1) the person with priority as determined by a probated will, including a person nominated by a power conferred in a will;
2. (2) the surviving spouse of the decedent who is a devisee of the decedent;
3. (3) the custodial parent of a minor decedent;
4. (4) other devisees of the decedent;
5. (5) the surviving spouse of the decedent;
6. (6) the parent of an adult decedent who was survived by issue, none of whom is an adult;
7. (7) other heirs of the decedent;
8. (8) public administrator;
9. (9) 45 days after the death of the decedent, any creditor.

History: En. 91A-3-203 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 1, Ch. 223, L. 1977; R.C.M. 1947, 91A-3-203(1); amd. Sec. 1, Ch. 219, L. 1989; amd. Sec. 66, Ch. 313, L. 2019.