§ 28-53-115. Partition
(a) When two (2) or more distributees are entitled to distribution of undivided interests in any personal property of the estate, distribution shall be made of undivided interests therein unless the personal representative or one (1) or more of the distributees shall petition the court, not later than the hearing on the petition for final […]
§ 28-53-116. Missing or unavailable distributees
(a) (1) If, upon the filing of a petition for an order of final distribution, it appears that any distributee of the estate cannot be found, or for any reason the personal representative is unable to deliver to a distributee his or her distributable share of the estate and obtain a receipt therefor, the court […]
§ 28-53-117. Escheats
No part of the present law of escheats shall be repealed by the Probate Code.
§ 28-53-118. Discharge of personal representative
(a) (1) Upon the filing of evidence satisfactory to the court that distribution has been made as directed in the order of final distribution, the court shall enter an order discharging the personal representative and his or her surety from further liability or accountability with respect to the administration. (2) Evidence satisfactory to the court […]
§ 28-53-119. Reopening administration
(a) (1) If, after an estate has been settled and the personal representative discharged, other property of the estate is discovered, or if it appears that any necessary act remains unperformed on the part of the personal representative, or for any other proper cause, the court, upon the petition of any person interested in the […]
§ 28-53-108. Contribution
(a) When real or personal property which has been specifically devised or charged with a legacy shall be sold or taken by the personal representative for the payment of claims, general legacies, the family allowances, the shares of pretermitted heirs, or the share of a surviving spouse who elects to take against the will, other […]
§ 28-53-109. Determination of advancements
(a) All questions of advancements made or alleged to have been made by an intestate to any heir may be heard and determined by the court at the time of the hearing on the petition for final distribution or at an earlier date if the court so directs. (b) The amount of every advancement shall […]
§ 28-53-110. Improper distributions
(a) Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitations, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return any property improperly received, which is other than money, and its income since distribution if he or she has […]
§ 28-53-111. Setoffs
When a distributee of an estate is indebted to the estate, the amount of the indebtedness if due, or the present worth of the indebtedness, if not due, may be treated as an offset by the personal representative against any real or personal property of the estate to which the distributee is entitled. However, the […]
§ 28-53-112. Interest — Income and increment
(a) Interest. Unless a contrary intent is indicated by will, if the estate is solvent, general legacies shall bear interest at the rate of six percent (6%) per annum, or the then-prevailing legal rate, beginning fifteen (15) months after commencement of administration, but not before that time. (b) Income and Increment. Unless otherwise provided in […]