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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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