In re the Estate of Tracy

Marquardt, J.:

Sallie Shore, executor of Avis A. Tracy’s will, appeals the district court’s denial of the petitions to probate Tracy’s will. We reverse and remand with directions.

Tracy died on August 21, 2003. A petition was filed on October 14, 2003, by Tracy’s sister and niece for the appointment of an administratrix and the issuance of letters of administration. On October 17, 2003, a guardian ad litem was appointed to represent unknown heirs. On November 20, 2003, the district court found that Tracy died intestate and appointed Tracy’s sister and niece as coadministrators.

On March 9, 2004,…