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Powers and responsibilities for administration of an estate as personal representative shall be granted to some one (1) or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order:

(A) The person or persons named to serve as personal representative in the decedent’s last will and testament.

(B) The surviving spouse or such person as the surviving spouse may request to have appointed.

(C) The next of kin in the following order:

(1) Child or children;

(2) Father or mother;

(3) Brothers or sisters;

(4) Grandchildren;

(5) Nephews or nieces.

(D) One (1) or more of the beneficiaries or transferees of the decedent’s probate or nonprobate assets.

(E) If the persons so entitled shall fail for more than forty (40) days after the death of the decedent to present a petition for letters of administration, or if it appears to the satisfaction of the Court that there is no next of kin, or they waive their right, or if no suitable person is available and willing, then the Court may appoint the Public Administrator to administer such estate. [Res. 06-R-53 § 8.0(A)(35.07.020), 5/3/2006.]