14-3931. Formal proceedings terminating
administration; testate or intestate; order of general
protection
A. A personal representative or any interested person may petition for an order of
complete settlement of the estate. The personal representative may petition at any time,
and any other interested person may petition after one year from the appointment of the
original personal representative except that no petition under this section may be
entertained until the time for presenting claims which arose prior to the death of the
decedent has expired. The petition may request the court to determine testacy, if not
previously determined, to consider the final account or compel or approve an accounting
and distribution, to construe any will or determine heirs and adjudicate the final
settlement and distribution of the estate. Notice must be given to all interested
persons, and a copy of the final account must also be sent to the distributees whose
interests are affected thereby. After 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, approving or decreeing
distribution of the estate and discharging the personal representative from further claim
or demand of any interested person.
B. If one or more heirs or devisees were omitted as parties in, or were not given
notice of, a previous formal testacy proceeding, the court, on proper petition for an
order of complete settlement of the estate under this section, and after notice to the
omitted or unnotified persons and other interested parties determined to be interested on
the assumption that the previous order concerning testacy is conclusive as to those given
notice of the earlier proceeding, may determine testacy as it affects the omitted persons
and confirm or alter the previous order of testacy as it affects all interested persons
as appropriate in the light of the new proofs. In the absence of objection by an omitted
or unnotified person, evidence received in the original testacy proceeding shall
constitute prima facie proof of due execution of any will previously admitted to probate,
or of the fact that the decedent left no valid will if the prior proceedings determined
this fact.
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