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§58-240.
§58-240.
A. If a petition is filed for the appointment of a personal
representative and the petitioner requests that the identity of the
heirs, devisees and legatees be determined at the initial hearing and
the notice of hearing such petition reflects such request, then at the
first hearing on a petition to admit a will to probate or a petition
for the appointment of a personal representative in an intestate
proceeding, the court may determine the identity of all heirs,
devisees and legatees, and any guardian or conservator of any minor or
incompetent heir, devisee or legatee.
B. If the petition filed for the appointment of a personal
representative or the notice of hearing such petition does not contain
or reflect a request that the identity of the heirs, devisees and
legatees be determined at the initial hearing, the personal
representative may, at any time during the course of administration,
file with the court a petition requesting that the identity of the
heirs, devisees and legatees be determined. Such petition shall be
heard following at least ten (10) days' prior notice to the heirs,
devisees and legatees.
C. If the petition requests the appointment of an administrator and
the court determines that the petition can be heard without notice
pursuant to the provisions of Section 128 of this title, and the
petition also contains a request that the identity of the heirs of the
intestate decedent be determined, the court may proceed to appoint the
administrator without notice and set such petition for hearing,
following at least ten (10) days' prior notice to the heirs, with
respect to the request that the identity of the heirs, legatees and
devisees be determined.
D. Any determination of heirs, legatees and devisees made pursuant to
this section shall be conclusive for the purpose of acting upon any
petition or application purporting to include waivers or consents of
all heirs, devisees and legatees, but shall not establish the
proportional interest of any person entitled to receive any
distribution of assets or property from the estate; nor shall it
prevent any person or entity from later establishing identity or
rights as an heir, devisee or legatee.
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