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:

(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.