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(a) The personal representative shall be the person named to serve as personal representative in the decedent’s will unless:

(1) The named person does not meet the requirements of YTC 2.30.310.

(2) The named person refuses to serve as a personal representative.

(b) If a personal representative is not qualified or not willing to serve as personal representative, then a personal representative should be appointed in the following order of priority:

(1) The surviving spouse of decedent or such person as the surviving spouse may request to be appointed;

(2) A child or children of decedent;

(3) A parent of decedent;

(4) A sibling or siblings of decedent;

(5) One or more of the beneficiaries or transferees of the decedent’s probate or nonprobate assets under the jurisdiction of the court of the United States Department of the Interior Office of Hearings and Appeals.

(6) If none of the above is able or willing to serve as personal representative the Court shall appoint a personal representative who meets the requirements of YTC 2.30.310. [Ord. 53 § 8504, amended, 10/30/2018; Ord. 50B § 8504, amended, 6/22/2017.]