§ 355 -   Disqualification or disability of judge

§ 355. Disqualification or disability of judge

When a probate judge is incapacitated for the duties of his office by absence, removal from the district, resignation, sickness, death or otherwise or if he, his wife or child is heir or legatee under a will filed in his district, or if he is executor or administrator of the estate of a deceased person in his district, or is interested as a creditor or otherwise in a question to be decided by the court, he shall not act as judge. His duties shall be performed by the register, if not disqualified, or a judge of another district or an assistant judge of the superior court of the county in which such district is situated. The register or judge shall have jurisdiction to act while such disqualification, incapacity or vacancy exists. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)