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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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