75-3-1001 - Formal proceedings terminating administration -- Testate or intestate -- Order of general protection.
75-3-1001. Formal proceedings terminating administration -- Testate or intestate --Order of general protection.
(1) A personal representative or any interested person may petition for an order ofcomplete settlement of the estate. The personal representative may petition at any time, and anyother interested person may petition after one year from the appointment of the original personalrepresentative except that no petition under this section may be entertained until the time forpresenting claims which arose prior to the death of the decedent has expired. The petition mayrequest the court to determine testacy, if not previously determined, to consider the final accountor compel or approve an accounting and distribution, to construe any will or determine heirs, andto adjudicate the final settlement and distribution of the estate. After notice to all interestedpersons and hearing the court may enter an order or orders, on appropriate conditions,determining the persons entitled to distribution of the estate, and, as circumstances require,approving settlement and directing or approving distribution of the estate and discharging thepersonal representative from further claim or demand of any interested person.
(2) If one or more heirs or devisees were omitted as parties in, or were not given noticeof, a previous formal testacy proceeding, the court, on proper petition for an order of completesettlement of the estate under this section, and after notice to the omitted or unnotified personsand other interested parties determined to be interested on the assumption that the previous orderconcerning testacy is conclusive as to those given notice of the earlier proceeding, may determinetestacy as it affects the omitted persons and confirm or alter the previous order of testacy as itaffects all interested persons as appropriate in the light of the new proofs. In the absence ofobjection by an omitted or unnotified person, evidence received in the original testacy proceedingshall constitute prima facie proof of due execution of any will previously admitted to probate, orof the fact that the decedent left no valid will if the prior proceedings determined this fact.
Enacted by Chapter 150, 1975 General Session