14-3932. Formal proceedings terminating
testate administration; order construing will without adjudicating
testacy
A personal representative administering an estate under an informally probated will
or any devisee under an informally probated will may petition for an order of settlement
of the estate which will not adjudicate the testacy status of the decedent. The personal
representative may petition at any time, and a devisee 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 consider
the final account or compel or approve an accounting and distribution, to construe the
will and adjudicate final settlement and distribution of the estate. After notice to all
devisees and the personal representative and hearing, the court may enter an order or
orders, on appropriate conditions, determining the persons entitled to distribution of
the estate under the will, 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 devisee who is a party to the
proceeding and those he represents. If it appears that a part of the estate is
intestate, the proceedings shall be dismissed or amendments made to meet the provisions
of section 14-3931.
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