(a) Right to Bring Proceedings. Whenever a person has died leaving in this state property or an interest therein, a person claiming an interest in the property as heir or distributee, or a person claiming through an heir or distributee, or the personal representative of the decedent may file a petition in the circuit court […]
(a) Delivery of Specific Property to Distributee Before Final Order. (1) Upon petition of the personal representative or of any distributee, with or without notice as the court may direct, the court may order the personal representative to deliver to any distributee who consents to it possession of any specific real or personal property to […]
(a) Upon the filing of a final account of a personal representative praying for an order of final distribution or for approval of final distribution previously made, the court shall fix a date for hearing, not earlier than sixty (60) days after such a filing. (b) In addition to the notice required by § 28-52-106, […]
(a) The order authorizing, directing, or approving a final distribution shall state that: (1) Not less than sixty (60) days have elapsed from the date of the filing of the final account or notice and hearing have been waived; (2) The notice required by § 28-53-103 has been given or has been waived; (3) The […]
(a) The order of final distribution shall be a conclusive determination as to the persons who are the successors in interest to that part of the estate of the decedent passing through the hands of the personal representative and as to the extent and character of their interests therein, subject only to the right of […]
If the final account is not approved, the court shall enter an order specifying wherein and the extent to which the account is not approved and directing a restatement of the account and such further action, if any, on the part of the personal representative as the court finds to be proper.
(a) Except as provided in subsection (c) of this section, shares of the distributees shall abate for the payment of claims, legacies, the family allowances, the shares of pretermitted heirs, or the share of the surviving spouse who is entitled to and elects to take against the will, without any preference or priority as between […]
(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 […]
(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 […]
(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 […]
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 […]
(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 […]
As between the distributees, secured debts shall be discharged out of the general assets of the estate, subject to the right of a decedent to provide otherwise by will. However, nothing in this section shall preclude a secured creditor from having recourse to his or her security for satisfaction of the debt.
(a) When the estate is otherwise ready to be distributed, it may be distributed in kind, unless the terms of the will provide otherwise or unless a partition sale is ordered. (b) (1) Upon petition of an interested person, except as provided in subdivision (b)(2) of this section, a distributee, who by the terms of […]
(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 […]
(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 […]
No part of the present law of escheats shall be repealed by the Probate Code.
(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 […]
(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 […]
