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§58-1104.
§58-1104.
A. At the time and place of such hearing or at the postponement
thereof, after first receiving satisfactory proof of the giving of the
notice of the hearing, and if there is no contest to the probate of
the will or the appointment of the personal representative, the court
shall receive proof of the will and, if satisfied thereby, may admit
the will to probate and order the appointment and qualification of the
surviving spouse as personal representative. Unless the will provides
otherwise, the court, in its discretion, may waive or require the
giving of bond by the spouse regardless of the known or estimated
value of the estate. The court, at a later time, for good cause shown,
may waive or require a bond of the personal representative.
B. After being appointed personal representative, the surviving spouse
shall:
1. Give notice to creditors in the manner provided in Section 331 of
this titlewith respect to a decedent who has been dead for a period of
more than five (5) years prior to the commencement of a probate
proceeding for such decedent's estate, and file the appropriate
affidavits as provided in Section 332 of this title;
2. Make and return to the court, as in other estate proceedings, a
true inventory and appraisement of all the estate of the decedent,
except that the surviving spouse alone may appraise the values thereof
and shall appraise the items set out in the estate inventory at their
fair market values and no appraisers need be appointed by the court.
Both the estate inventory and the appraisement thereof shall be
verified by the surviving spouse;
3. Prepare all returns and reports required by law with regard to
estate, income and other taxes owed by the decedent or the estate and
obtain receipts, releases and waivers as are required in regard
thereto, or in regard to estate taxes, obtain an order releasing
estate tax liability from the district court; and
4. Carry out all other duties of a personal representative as in other
estate proceedings.
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