In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by the family allowance, personal property allowance or intestacy may establish title thereto by proof of the decedent's ownership, his death and their relationship to the decedent. Successors take subject to all charges incident to adminstration [administration], including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement and ademption.
History: 1953 Comp., § 32A-3-901, enacted by Laws 1975, ch. 257, § 3-901.
Official comments. — See Commissioners on Uniform State Law official comment to 3-901 UPC.
Bracketed material. — The bracketed material was inserted material by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators § 1012 et seq.
26A C.J.S. Descent and Distribution § 61; 95 C.J.S. Wills § 310.
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