Determination of heirship; good faith purchasers
Sec. 6. (a) At any time during the administration of a decedent's
estate, the personal representative or any interested person may
petition the court to determine the heirs of said decedent and their
respective interests in the estate or any part thereof. Upon the filing
of the petition the court shall fix the time for the hearing thereof,
notice of which shall be given to all persons known or believed to
claim or have any interest in the estate or any part thereof as heir or
through an heir of the decedent. In addition, notice by publication
shall be given to all unknown heirs of the decedent.
(b) Upon the hearing of the petition, heirship may be determined
by competent evidence or, if there be no objection, by affidavit. A
record shall be made of all oral evidence, and such record and all
affidavits shall remain as part of the files in the estate proceeding.
(c) Upon satisfactory proof the court shall make a decree
determining the heirs of the decedent and their respective interests in
the estate or any part thereof.
(d) The decree of court as provided in subsection (c) shall be
conclusive of the facts determined therein on any interested person
who has been notified personally or by mail in accordance with the
provisions of this article, subject to the right of appeal.
(e) All acts of the personal representative which were lawful when
performed according to the facts determined by the decree as
provided in subsection (c) shall be valid insofar as concerns the
rights and liability of a purchaser, lessee or other person dealing with
the personal representative for value and in good faith and insofar as
concerns a personal representative who has acted in good faith.
(Formerly: Acts 1953, c.112, s.606.) As amended by Acts 1982,
P.L.171, SEC.18.
Last modified: May 27, 2006