PART 10. 
CLOSING ESTATES



 



§560:3-1001  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.  After notice to all interested persons 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 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. [L 1996, c 288, pt of §1]



 



Rules of Court



 



  Final accounting, notice, see HPR rule 54.