72-3-502. Priorities for appointment. Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order:

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(1)the person with priority as determined by a probated will, including a person nominated by a power conferred in a will;

(2)the surviving spouse of the decedent who is a devisee of the decedent;

(3)the custodial parent of a minor decedent;

(4)other devisees of the decedent;

(5)the surviving spouse of the decedent;

(6)the parent of an adult decedent who was survived by issue, none of whom is an adult;

(7)other heirs of the decedent;

(8)public administrator;

(9)45 days after the death of the decedent, any creditor.