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40.0305 Priority for granting letters of administration.

Cite as [A.S.C.A. § 40.0305]

(a) Letters of administration in case of intestacy, and letters of administration with will annexed, shall be granted to the person or persons entitled thereto in the following priority:

(1) to the surviving spouse or some person designated by the surviving spouse;

(2) to the next of kin in the order of their degree of relationship to the deceased, and in case of degree of relationship to the deceased, the administrator shall be selected in the discretion of the Trial Division of the High Court;

(3) to a competent creditor residing in American Samoa.

(b) If no person entitled to administer shall apply for letters of administration within 6 months, the Trial Division of the High Court may deem all prior rights to administer renounced and proceed to appoint some suitable person to administer such estate.

History: 1962, PL 7-21; amd 1979, PL 16-53 § 11.

Amendments: 1979 Substituted “Trial Division” for “Probate Division”.