Petition to determine heirs of estate; contents; notice; hearing;
decree
Sec. 15.1. (a) Whenever any person has died leaving property or
any interest therein and no general administration has been
commenced on his estate in this state, nor has any will been offered
for probate in this state, within five (5) months after his death, any
person claiming an interest in such property as heir or through an
heir may file a petition in any court which would be of proper venue
for the administration of such decedent's estate, to determine the
heirs of said decedent and their respective interests as heirs in the
estate.
(b) The petition shall state:
(1) The name, age, domicile and date of death of the decedent;
(2) The names, ages and residence addresses of the heirs, so far
as known or can with reasonable diligence be ascertained;
(3) The names and residence addresses of any persons claiming
any interest in such property through an heir, so far as known or can
by reasonable diligence be ascertained;
(4) A particular description of the property with respect to which
such determination is sought;
(5) The net value of the estate.
(c) Upon the filing of the petition, the court shall fix the time for
the hearing thereof, notice of which shall be given to:
(1) All persons known or believed to claim any interest in the
property as heir or through an heir of the decedent;
(2) All persons who may at the date of the filing of the petition be
shown by the records of conveyances of the county in which any real
property described in such petition is located to claim any interest
therein through the heirs of the decedent; and
(3) Any unknown heirs of the decedent.
Such notice shall be given by publication and, in addition personal
notice by registered mail shall be given to every such person whose
address is known to the petitioner. Upon satisfactory proofs
including proof of compliance with inheritance tax laws of this state
the court shall make a decree determining the heirs of said decedent
and their respective interests as heirs in said property.
(d) A certified copy of the decree shall be recorded at the expense
of the petitioner in each county in which any real property described
therein is situated except the county in which the decree is entered,
and shall be conclusive evidence of the facts determined therein as
against all parties to the proceedings.
(Formerly: Acts 1973, P.L.289, SEC.2; Acts 1975, P.L.288, SEC.37.)
Last modified: May 27, 2006