That in case any executor or administrator shall fail or refuse for a period of thirty days after the expiration of said nine (9) months to make such settlement, he or she may be cited by the court for the purpose of making such settlement unless the time therefor has been extended by the court, and all costs connected with such citation and the hearing thereon shall be assessed against such executor or administrator, and not against the estate: Provided, In the event the return of said citation shows that the executor or administrator is not within the jurisdiction of said court, said estate may be closed by the order of the court without a publication notice when there has been no prosecution thereon for a period of five (5) years. Said estate may be reopened within one (1) year thereafter upon petition by a direct heir, executor or administrator who shall be charged with the costs thereof.
History: L. 1939, ch. 180, § 112; L. 1941, ch. 284, § 17; L. 1972, ch. 215, § 10; July 2.
(a) Distributing property of the decedent which was not included in the inventory of the estate and is discovered after the estate is closed; or
(b) executing or delivering a deed to real property which was transferred or sold prior to or during probate of the estate, or was distributed prior to closing of the estate, but the deed to which was not executed or was not delivered prior to closing of the estate.
History: L. 1961, ch. 274, § 1; L. 1985, ch. 192, § 1; July 1.
At the hearing, upon evidence and review of the court record, the court shall determine and order the distribution of the property or the execution or delivery of the deed in accordance with the journal entry of final settlement in the estate and the evidence before the court. The hearing upon the reopened estate shall then be summarily reclosed.
The hearing provided for in this section may be continued by the court from time to time in the discretion of the court.
Upon final reclosing hereunder of an estate which includes real estate, the court shall transmit a certified copy of the journal entry of final reclosing to the county clerk and the county clerk shall enter it on the transfer record in the county clerk's office.
History: L. 1961, ch. 274, § 2; L. 1976, ch. 242, § 17; L. 1985, ch. 192, § 2; L. 1985, ch. 191, § 22; L. 1989, ch. 173, § 3; July 1.
History: L. 1939, ch. 180, § 113; July 1.
History: L. 1939, ch. 180, § 114; L. 1971, ch. 194, § 1; L. 1972, ch. 222, § 13; L. 1972, ch. 215, § 11; L. 1985, ch. 191, § 23; July 1.
Any heir at law or beneficiary under a will who, in good faith and for good cause, successfully prosecutes or defends any other action for the benefit of the ultimate recipients of the estate may be allowed his or her necessary expenses, in the discretion of the court, including a reasonable attorney's fee.
History: L. 1939, ch. 180, § 115; L. 1941, ch. 284, § 16; L. 1975, ch. 299, § 11; Jan. 1, 1976.
History: L. 1939, ch. 180, § 116; L. 1972, ch. 222, § 14; March 25.
History: L. 1939, ch. 180, § 117; July 1.
History: L. 1939, ch. 180, § 118; July 1.
(b) The provisions of subsection (a) shall apply only if an affidavit has been made and filed with the appropriate governmental office or private company responsible for the benefit by the surviving spouse or other relative by whom or on whose behalf request for payment is made and such affidavit shows (1) the date of death of the deceased, (2) the relationship of the affiant to the deceased, (3) that no executor or administrator for the deceased has qualified or been appointed, and (4) that, to the affiant's knowledge, there exists at the time of the filing of such affidavit, no relative of a closer degree of kindred to the deceased than the affiant.
History: L. 1967, ch. 322, § 1; L. 1979, ch. 179, § 1; L. 1985, ch. 191, § 24; L. 2000, ch. 25, § 3; July 1.
History: L. 1980, ch. 166, § 7; L. 1985, ch. 191, § 25; L. 1987, ch. 210, § 1; L. 2000, ch. 25, § 4; L. 2005, ch. 101, § 2; L. 2007, ch. 28, § 1; L. 2008, ch. 14, § 3; July 1.
Upon application to the district court within ten (10) years after such deposit, and upon notice to the county attorney and the county treasurer, the court may order the county treasurer to pay the same to the person entitled thereto. No interest shall be allowed or paid thereon, and if the deposit is not claimed within such time no recovery thereof can be had.
History: L. 1939, ch. 180, § 119; L. 1973, ch. 106, § 14; L. 1976, ch. 242, § 18; Jan. 10, 1977.