Section 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.En. 91A-3-401 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-401(part); amd. Sec.2327, Ch. 56, L. 2327.