§560:3-1002  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 or approving 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 the devisee 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 560:3-1001. [L 1996, c 288, pt of §1]