[Previous] [Next]

§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.
   

[Previous] [Next]