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§58-911.
§58-911.
In all cases where any person being a life tenant or joint tenant in
any interest in real property, including but not limited to mortgages
owned by two or more persons as joint tenants with right of
survivorship, shall die either testate or intestate, leaving no
property or estate on which administration proceedings have been had
or commenced, any of the remaindermen having an interest in the real
estate subject to such life estate, or any survivor of such joint
tenancy, or any person claiming any right, title or interest in said
real estate by, through or under such remainderman or survivor may
have the fact of the death of said life tenant or joint tenant
judicially determined by filing a petition in the district court of
the county in which said real estate or some part thereof is situated,
or of the county of the residence of said decedent, alleging the facts
of such life estate or joint tenancy, describing such real estate,
alleging the death of such life tenant or joint tenant as the case may
be, and setting forth the names and addresses, if known, of all of the
heirs of said decedent, if intestate, and of his heirs, devisees and
legatees, if testate, and of all other persons by him known to claim
any interest in said real estate, which petition shall be sworn to by
petitioner, his agent or attorney.
Upon the filing of such petition the court shall enter an order fixing
the date and hour for hearing same, which date shall be not less than
ten (10) days from the date of entry of said order. The court clerk
shall thereupon issue a notice under his hand and seal, which notice
shall be directed to "the heirs, devisees, legatees and assigns" of
said decedent, "and to all persons claiming any right, title or
interest in or to the real estate hereinafter described", and shall
recite the filing of said petition and the entry of the order setting
same for hearing, and shall notify said persons of the date, hour and
place of hearing said petition and contain a description of the real
estate described therein.
Said notice shall be published in one (1) issue of a newspaper of
general circulation in said county, the date of such publication to be
at least ten (10) days prior to the date set for said hearing, and at
least ten (10) days prior to the date set for said hearing a copy
thereof shall be mailed to each of the heirs, devisees, legatees and
other persons interested in said real estate as named in said
petition, at their respective addresses shown thereon, unless there be
filed an affidavit of the petitioner, or his attorney, showing that
the post office addresses of any of such persons are unknown to the
petitioner or his attorney. Proofs of such publication and of mailing
shall be filed in the district court prior to the entry of any order
or decree upon said petition.
Upon hearing of such petition being had, the court shall hear the
evidence and proof of death, and shall make and enter an order and
decree determining the fact of the death of such life tenant or joint
tenant, as the case may be, and the termination of the life estate or
joint tenancy in said real property, as the case may be, a certified
copy of which decree shall be filed in the office of the county clerk
of the county in which said real property or any part thereof is
situated.
Such order or decree shall, upon entry, be conclusive of the facts
therein found as to all purchasers, encumbrancers or lienors of said
real estate acquiring their titles, encumbrances or liens in good
faith, relying upon said decree.
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