14-3901. Successors’ rights if no administration In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by allowance in lieu of […]
14-3902. Distribution; order in which assets appropriated; abatement A. Except as provided in subsection B, shares of distributees abate, without any preference or priority as between real and personal property, in the following order: 1. Property not disposed of by the will. 2. Residuary devises. 3. General devises. 4. Specific devises. For purposes of abatement, […]
14-3903. Right of retainer The amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor’s interest, but the successor has the benefit of any defense which would be available to him in a direct proceeding for recovery of the […]
14-3904. Interest on general pecuniary devise Unless a contrary intention is indicated by the will, general pecuniary devises bear interest at the legal rate beginning one year after the first appointment of a personal representative until payment.
14-3906. Distribution in kind; valuation; method A. Unless a contrary intention is indicated by the will, the distributable assets of a decedent’s estate shall be distributed in kind to the extent possible through application of the following provisions: 1. A specific devisee is entitled to distribution of the thing devised to him, and a spouse […]
14-3907. Distribution in kind; evidence A. If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring or releasing the assets to the distributee as evidence of the distributee’s title to the property. B. The names and addresses of each distributee shall be included in any instrument […]
14-3908. Distribution; right or title of distributee Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution from a personal representative, is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in […]
14-3909. Improper distribution; liability of distributee Unless the distribution or payment no longer can be questioned because of adjudication, estoppel or limitation, a distributee of property or money improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income since distribution if he has […]
14-3910. Purchasers from distributees or transferees protected If property distributed in kind or a security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a […]
14-3911. Partition for purpose of distribution When two 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, […]
14-3912. Private agreements among successors to decedent binding on personal representative Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent or under the laws of intestacy, in any way that they […]
14-3913. Distributions to trustee A. Before distributing to a trustee, the personal representative may require that the trustee inform the beneficiaries as provided in section 14-10813, subsection B, paragraph 3, and if the state in which it is to be administered provides for registration, that the trust be registered. B. If the trust instrument does […]
14-3914. Disposition of unclaimed assets A. If an heir, devisee or claimant cannot be found, the personal representative shall distribute the share of the missing person to his conservator, if any, otherwise in cash to the department of revenue for deposit, pursuant to sections 35-146 and 35-147, in the permanent school fund. B. If a […]
14-3915. Distribution to person under disability A personal representative may discharge his obligation to distribute to any person under legal disability by distributing to his conservator, or any other person authorized by this title or otherwise to give a valid receipt and discharge for the distribution.
14-3916. Community property In making a division or distribution of community property held in the decedent’s estate, the personal representative may consider community property held outside the estate so that the division of community property held in the estate and outside the estate is based on equal value but is not necessarily proportionate.
