US Lawyer Database

18-C §3-911. Partition for purpose of distribution

§3-911. Partition for purpose of distribution When 2 or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court prior to the formal or informal closing of the estate […]

18-C §3-913. Distributions to trustee

§3-913. Distributions to trustee 1.  Personal representative authority to require bond.  If the trust instrument does not excuse the trustee from giving bond, the personal representative may petition the appropriate court to require that the trustee post bond if the personal representative apprehends that distribution might jeopardize the interests of persons who are not able […]

18-C §3-914. Disposition of unclaimed assets

§3-914. Disposition of unclaimed assets If an heir, devisee or claimant cannot be found, the personal representative shall distribute the share of the missing person to the person’s conservator, if any; otherwise it must be disposed of according to Title 33, chapter 45.   [PL 2021, c. 676, Pt. A, §29 (AMD).] SECTION HISTORY PL […]

18-C §3-915. Distribution to person under disability

§3-915. Distribution to person under disability 1.  Discharge according to will.  A personal representative may discharge the personal representative’s obligation to distribute to any person under legal disability by distributing in a manner expressly provided in the will.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] […]

18-C §3-916. Uniform Estate Tax Apportionment Act

§3-916. Uniform Estate Tax Apportionment Act 1.  Short title.  This section may be known and cited as “the Uniform Estate Tax Apportionment Act.”   [PL 2019, c. 417, Pt. A, §7 (AMD).] 2.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.   A. “Apportionable estate” […]

18-C §3-1001. Formal proceedings terminating administration; testate or intestate; order of general protection

§3-1001. Formal proceedings terminating administration; testate or intestate; order of general protection 1.  Formal proceedings terminating administration.  A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time and any other interested person may petition after one year from the […]

18-C §3-1002. Formal proceedings terminating testate administration; order construing will without adjudicating testacy

§3-1002. Formal proceedings terminating testate administration; order construing will without adjudicating testacy A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of settlement of the estate that will not adjudicate the testacy status of the decedent. The personal representative may […]

18-C §3-903. Right of retainer

§3-903. Right of retainer The amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, must be offset against the successor’s interest, but the successor has the benefit of any defense that would be available to the debtor in a direct proceeding for recovery of […]

18-C §3-1003. Closing estates; by sworn statement of personal representative

§3-1003. Closing estates; by sworn statement of personal representative 1.  Closing estate by sworn statement of personal representative.  Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court no earlier than 6 months after the date […]