§ 104 -   Executor to present will and accept or refuse trust

§ 104. Executor to present will and accept or refuse trust

A person named executor in a will and who has knowledge thereof shall file a petition to open the decedent's estate in the probate court where venue lies. If the person so named learns of the nomination prior to the testator's death, the petition shall be filed within thirty days of learning of the death. If learned after the testator's death, the petition shall be filed within thirty days of learning of being named executor. The person shall notify the court in the petition, or in another writing if a petition has been previously filed, whether the appointment as executor will be accepted by that person. (Amended 1985, No. 144 (Adj. Sess.), § 15.)