53-9-11. Factors considered by court; qualifications.

In determining whether to appoint a conservator of the estate of a missing individual, the probate court shall take into account any other existing arrangements for the management of the missing individual’s property, such as powers of attorney or trusts, and may determine that no conservator need be appointed if such arrangements are sufficient under the circumstances.#

The probate court shall select as conservator of the estate of the missing individual that person who will best serve the interests of the estate, considering the following order of preferences:#

1. (1)

   The surviving spouse, unless an action for divorce or separate maintenance was pending between the missing individual and the spouse at the time of the disappearance;#

2. (2)

   One or more other heirs of the missing individual;#

3. (3)

   Any eligible corporation, partnership, or other business association; or#

4. (4)

   Any creditor of the estate.#

5. In no event shall the court appoint as conservator a person who would not be eligible to serve as administrator of the estate of the missing individual if that individual were dead.