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§58-632.3.
§58-632.3.
1. At the hearing on the final account of any personal representative
who has given notice to creditors as provided in this title, the judge
shall conduct an inquiry to judicially determine whether the personal
representative has complied with the provisions of Sections 243 and
331 of this title.
2. The final decree shall contain a finding in substantially the
following form:
a. That notice to creditors as required by Sections 243 and 331 of
this title was given by the personal representative, including notice
by mail to all creditors, if any, known to the personal representative
as of the date said notice was filed with the district court clerk for
the county in which the probate is pending, at their respective
last-known addresses; and
b. That all claims not filed within the time permitted for the
presentation of claims are nonsuited, void and forever barred, except
as otherwise provided in this title or any claim for which payment is
approved in this decree pursuant to Section 335 of this title.
3. A final decree which fails to contain the finding required by this
section shall be voidable.
4. If the affidavits required by Section 332 of this title are filed
in the probate proceeding for the decedent's estate prior to the entry
of the final decree and the final decree contains the findings
required by this section, the failure of a personal representative to
give actual notice to a creditor shall not impair the marketability of
the title to any property, real or personal, distributed from the
estate.
5. Marketability of the title to any property, real or personal, sold
during the administration of an estate shall not be impaired or
affected by the requirements of this title for giving notice to
creditors of a decedent.
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