In Re the Estate of Harless

¶ 1 Catherine Harless, deceased, was the sister of Linda Hyde and the mother of Kelli Martin. Martin petitioned to be appointed personal representative to probate her mother’s estate. Hyde opposed the petition, asserting Harless had executed a will in 2002 (hereinafter Will) naming Hyde as executrix. The Fifth Judicial District Court ruled that Harless had revoked the 2002 Will upon which Hyde was relying, and that Harless therefore died intestate and her daughter was entitled to be appointed personal representative. Hyde appeals. We reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 In…