Title 58. Probate Procedure

§58-1. Probate jurisdiction and venue of district court.
§58-5. Venue of probate acts.
§58-6. Venue in certain cases.
§58-7. Jurisdiction coextensive with state.
§58-8. Transfer of old matters authorized.
§58-9. Transfers already made legalized.
§58-10. Transfer to county of domicile of minor or ward.
§58-11. Personal representative defined.
§58-21. Custodian of will to deliver same to district court.
§58-22. Who may petition court for proof of will.
§58-23. Requisites of petition for probate.
§58-24. Court may compel production of will by one having possession.
§58-24.1. Preservation of original will - Removal from custody.
§58-25. Hearing - Notice, how given.
§58-26. Heirs, legatees, devisees and executors to be given notice by mail.
§58-27. Powers of judge at chambers.
§58-28. Proof of notice - Waiver of notice.
§58-29. Contest before probate - Persons entitled.
§58-30. Admission on testimony of one subscribing witness.
§58-31. Olographic will, how proved.
§58-32. Notices required to be published once each week for two or more consecutive weeks - Interval.
§58-33. "Newspaper" defined.
§58-34. Mailing and proof of mailing - Persons authorized to make.
§58-41. Proceedings on contest.
§58-42. Judgment - Recording.
§58-43. Witnesses on trial of contest - Depositions.
§58-44. Recording of testimony - Admissibility.
§58-51. Foreign wills recorded.
§58-52. Petition - Hearing - Notice - Summary administration.
§58-53. Proof required.
§58-61. Causes for contesting will after probate.
§58-62. Citations issued to whom.
§58-63. Petition and notices when another will offered.
§58-64. Hearing and judgment - New will, admitting to probate.
§58-65. Result of revocation.
§58-66. Costs of contest.
§58-67. Probate conclusive, when.
§58-81. Proceedings in case of lost will.
§58-82. Special requisites of proof.
§58-83. Court's certificate - Filing - Letters testamentary.
§58-84. Restraint of former administration.
§58-91. Nuncupative wills, how proved.
§58-92. Nuncupative wills - Special requirements.
§58-93. Proceedings in contest.
§58-101. Letters to issue to executor or successor in interest of corporate executor.
§58-102. Who incompetent as executor.
§58-103. Failure of executors.
§58-104. Objections to issue of letters - Letters of administration with will annexed.
§58-105. Death of an executor.
§58-106. Executor disqualified by absence or minority.
§58-107. Two or more personal representatives.
§58-108. Presumed renunciation of executorship.
§58-109. Administrators with will annexed - Authority - Letters.
§58-110. Form of letters testamentary.
§58-111. Letters of administration with will annexed, form of.
§58-121. Letters of administration.
§58-122. Persons entitled to letters of administration.
§58-123. Preferences.
§58-124. Where several equally entitled - Creditors.
§58-125. Letters to guardian of minor entitled.
§58-126. Who incompetent as administrator.
§58-127. Requisites of petition for administration.
§58-128. Notice of hearing.
§58-129. Contest of petition - Notice.
§58-130. Hearing of the petition - Order.
§58-131. Court entry as to proof conclusive.
§58-132. Letters granted to applicant where no contest.
§58-133. Proof of death intestate.
§58-134. Nomination of stranger by person entitled.
§58-135. Revocation in favor of person entitled.
§58-136. Notice of such petition.
§58-137. Hearing - Order.
§58-138. Surviving spouse - Assertion of prior right.
§58-161. Oath - Records.
§58-162. Nonresident representative must appoint agent.
§58-171. Necessity and requisites of bond.
§58-173. Condition of bond.
§58-174. Separate bond for each person - Exception.
§58-175. Successive recoveries on the bond.
§58-176. Justification of sureties - Approval of bond - Examination of sureties.
§58-177. Executor or administrator deposed when bond insufficient.
§58-178. Bond waived by will.
§58-179. Petition when bond insufficient - Further security.
§58-180. Issuance and service of citations.
§58-181. Hearing and order - New bond.
§58-182. Revocation of letters for failure to file new bond.
§58-183. Suspension of powers and removal for failure to give bond or further security - Periodical examination of bonds.
§58-184. Bond insufficient - Citation on personal knowledge of judge.
§58-185. Release, application by surety for - Issuance and service of citation.
§58-186. Release allowed, when.
§58-187. Refusal to give new sureties - Revocation of letters.
§58-188. Hearings out of term time.
§58-211. Special administrators appointed, when.
§58-212. How appointed - Notice.
§58-213. Preference.
§58-214. Bond and oath of special administrator.
§58-215. Duties of special administrator.
§58-216. Special administrator superseded by regular appointee.
§58-217. Account, special administrator must render.
§58-218. Letters of administration revoked on proof of will.
§58-219. Rights of executor or administrator with will annexed.
§58-220. Surviving executor or administrator - Duties.
§58-221. New administrator appointed, when.
§58-231. Resignation and settlement - Revoking letters.
§58-232. Acts before revocation of letters are valid.
§58-233. Proof of appointment.
§58-234. Duty of judge in case of embezzlement - Reports.
§58-235. Citation on suspension - Revocation of letters.
§58-236. Hearing of the issues.
§58-237. Attendance of executor or administrator may be compelled.
§58-238. Notice by publication, when.
§58-239. Petition - Consent - Orders to be entered - Withdrawal of waivers or consents - Consent not required, when.
§58-240. Determination of heirs, devisees and legatees under certain circumstances - Hearing without notice.
§58-241. Dispensing with regular proceedings in estates under $150,000 - Notice to creditors and notice of hearing - Procedure.
§58-242. Probate of will as conclusive.
§58-243. Limitation of claims.
§58-245. Petition for summary administration - Conditions - Requirements.
§58-246. Petition for summary administration - Notice.
§58-247. Petition for summary administration - Hearing - Order.
§58-251. Powers and duties of executors and administrators.
§58-252. Actions.
§58-253. Action for waste, trespass and conversion.
§58-254. Certain actions against representatives.
§58-256. Action against predecessor.
§58-257. Joinder of parties.
§58-258. Compromise with debtors allowable.
§58-259. Fraudulent conveyances, recovery of.
§58-260. Creditors must secure costs.
§58-261. Sale of realty recovered.
§58-262. Foreign executors and administrators - Right of action - Proof of authority - Security - Release of mortgages.
§58-263. Conducting going business.
§58-264. Borrowing money to pay taxes - Mortgage or pledge of assets.
§58-265. Approval of contract by judge of district court - Procedure - Limitation to two thirds of appraised value, exception as to.
§58-266. Renewal or extension of time of payment.
§58-267. Validation of prior contracts.
§58-268. Action against nonprobate beneficiaries for state and federal estate tax - Notice - Costs and attorney fees.
§58-269. Executor or administrator - Powers.
§58-281. Inventory of estate.
§58-282. Appraisement.
§58-282.1. Release of real estate tax liability - Request - Notice and hearing - Determination - Order.
§58-283. Oath of appraisers - Their duties.
§58-284. Inventory to contain account of monies - Appraisement unnecessary, when.
§58-285. Executor liable for debt to decedent.
§58-286. Bequest to executor or another debtor of his debt.
§58-287. Return of inventory.
§58-288. Refusal to return inventory - Penalty - Revocation of letters.
§58-289. Additional inventory.
§58-290. Rights and duties of representative - Possession of property - Homestead - Heirs, actions by.
§58-292. Embezzlement before issue of letters - Civil liability - Exemption for financial institutions with valid security interests.
§58-293. Complaint on embezzlement - Citation.
§58-294. Trial and judgment.
§58-295. Account by third person entrusted with property.
§58-311. Property to be delivered to the family - Homestead.
§58-312. Exempt property also allowed family.
§58-313. Homestead exempt from debt or liability.
§58-314. Additional allowance for maintenance during settlement of estate.
§58-315. Allowance a preferred claim.
§58-316. Who entitled to property set apart.
§58-318. When widow has independent income.
§58-331. Notice to creditors to present claims.
§58-331.1. Identification of creditors.
§58-331.2. Mailing of notice to creditors - Personal delivery of notice.
§58-332. Affidavit of mailing or personal delivery.
§58-333. Bar of claims not presented in time - Exceptions.
§58-334. Signing of claim - Contents of claim - Proof of claim.
§58-335. Claims paid when not proved and allowed.
§58-336. Claim by district judge - Proceedings.
§58-337. Allowance and rejection of claims.
§58-338. Claims filed in court after allowance.
§58-339. Suit on rejected claim
§58-340. Claims barred by statute not allowed - Hearing before judge.
§58-341. Claim must be presented before suit.
§58-342. Vacancy in administration not included in limitation.
§58-344. Partial allowance of claim.
§58-345. Judgment only establishes claim.
§58-346. Judgments before death, how collected.
§58-347. Death between verdict and judgment.
§58-348. Reference of claim to third person.
§58-349. Duties of the referee - Proceedings.
§58-350. Costs against representative.
§58-351. Claim by personal representative.
§58-352. Neglect to give notice to creditors.
§58-353. Statement of claims.
§58-354. Payment of interest-bearing claims not due.
§58-380. Short title.
§58-381. Property not exempt may be sold for debt.
§58-382. Sales - Reports - Confirmation by court.
§58-383. Petition for orders for sale
§58-384. Order of sale - Requirements.
§58-385. Authority to renew or extend mortgage or execute new mortgage.
§58-385.1. Verified petition by guardian - Contents - Limitations.
§58-385.2. Hearing on guardian's petition - Notice.
§58-385.3. Order for guardian to borrow money, execute mortgage, etc. - Additional bond - Approval.
§58-385a. Borrowing money - Mortgage of estate realty - Grant of authority by district court.
§58-385b. Petition - Contents - Time for filing - Limitations.
§58-385c. Hearing on petition - Notice.
§58-385d. Order to borrow money and mortgage realty - Execution of notes and mortgage - Additional bond.
§58-386. Notice of hearing on petition.
§58-387. What personal property may be sold without notice.
§58-388. Sale of personalty.
§58-389. Partnership interests, etc., may be sold.
§58-391.1. Notice of sale of personalty at public auction - Place of sale - Return of proceedings - Hearing.
§58-391.2. Notice of sale of personalty at private sale - Place of sale - Return of proceedings - Hearing.
§58-393. Payment or delivery of property to successor by affidavit.
§58-394. Discharge and release upon payment or delivery of property by affidavit.
§58-411. Realty may be sold.
§58-412. Application for sale of realty.
§58-413. Order for hearing on the petition.
§58-414. Notice of order.
§58-415. Hearing of petition.
§58-416. Witnesses.
§58-417. Sale of all rather than part of realty.
§58-418. Order of sale.
§58-419. Order, terms and method of the sale.
§58-420. Petition for sale by third person.
§58-421. Notice of sale at public auction.
§58-422. Place and time of sale.
§58-423. Private sale - Notice of - Bids.
§58-424. Relationship of sale price to appraisement - Exception of sale under authority of will.
§58-425. Security when sale is made on credit.
§58-426. Return of sale - Hearing.
§58-427. Objections to confirmation of return.
§58-428. Confirmation of sale - Resale, when.
§58-429. Conveyance and record - Effect of.
§58-430. Proof of notice before order.
§58-431. Postponement of sale.
§58-432. Notice of postponement.
§58-461. Provisions of the will must be followed.
§58-462. Sale of property under the will - Confirmation.
§58-462.1. Partition of property under the will - Sale
§58-463. When provisions of will are insufficient.
§58-471. Estate liable for debts.
§58-471.1. Liability as dependent on time of granting letters.
§58-472. Contribution from devisees and legatees.
§58-481. Contract for the purchase of lands may be sold.
§58-482. Terms of the sale of land contract.
§58-483. What bond must specify.
§58-484. Assignment of contract.
§58-485. Sale of land subject to mortgage.
§58-486. Holder of mortgage may purchase land.
§58-491. Misconduct in sale.
§58-492. Fraudulent sale - Damages.
§58-493. Limitation of action to recover.
§58-494. Persons under disabilities excepted.
§58-495. Account of sale.
§58-496. Representative cannot be a purchaser.
§58-497. Contract with agent to procure purchaser.
§58-498. Sale on increased bid to purchaser not procured by agent holding contract.
§58-499. Sale on increased bid procured by agent.
§58-501. Representative to make deed under decedent's contract.
§58-502. Application and hearing.
§58-503. Hearing.
§58-504. Decree.
§58-505. Deed and record.
§58-507. Effect of conveyance.
§58-509. Enforcement of decree.
§58-510. Death of claimant.
§58-511. Decree may order possession.
§58-512. Transfer of property to governmental entities - Approval by district court.
§58-521. Promise to pay debts of decedent.
§58-522. Representative chargeable with whole estate.
§58-523. Representative shall not profit or lose.
§58-524. Representative not chargeable with uncollected debts.
§58-525. Expenses and compensation.
§58-526. Cannot purchase claims.
§58-527. Fees and commissions.
§58-541. Accounting - Waiver - Sufficiency.
§58-542. Citation upon failure.
§58-543. Petition by third person for accounting.
§58-544. Action upon petition.
§58-545. Contest of the exhibit - Examination.
§58-546. Penalty for refusal to account after citation. If any executor or administrator neglects or refuses to appear and render an exhibit, after having been duly cited, an attachment may be issued against him and such exhibit enforced, or his letters may be revoked, in the discretion of the court.
§58-548. Representative or guardian may be cited by successor - Accounting by personal representative of deceased executor, administrator or guardian.
§58-549. Letters revoked for continued failure.
§58-550. Vouchers or other proof of payment to accompany account.
§58-552. Notice of settlement of account.
§58-553. Date of hearing - Notice of final settlement.
§58-554. Exceptions to the account.
§58-555. Contest by heirs.
§58-556. Settlement conclusive - Exception.
§58-557. Proof of notice.
§58-581. Investment of funds.
§58-591. Order of payment of debts.
§58-592. Limit as to mortgage.
§58-593. Method of payment.
§58-594. When certain expenses paid.
§58-595. Order for the payment of debts.
§58-596. Payment of unmatured, contingent, or disputed claims.
§58-597. Liability of representative after order.
§58-598. Rights of creditors not included in order.
§58-611. Payment of legacies and distribution of estate - Extension of time for final settlement.
§58-612. Final account and settlement.
§58-613. Provisions applying to final settlement.
§58-621. Petition for legacy or share of estate.
§58-622. Notice of application - Waiver.
§58-623. Who may resist petition.
§58-624. Allowance of petition - Order.
§58-625. Assessment against legatee or devisee.
§58-631. Distribution.
§58-632. Rights fixed by decree.
§58-632.1. Validation of decrees entered prior to January 1, 1941.
§58-632.2. Validation of decrees entered prior to January 1, 1951.
§58-632.3. Compliance with notice requirements - Form of final decree - Voidable decree.
§58-633. Delivery of estate to foreign executor or administrator - Sale of real estate and delivery of proceeds.
§58-634. Petition and notice for decree of distribution.
§58-634.1. Judgment creditor of heir, legatee or devisee - Petition.
§58-635. Taxes paid before decree.
§58-652. Partition of common and undivided estates - Procedure.
§58-661. Settlement of advancements.
§58-671. Agent appointed for nonresident.
§58-672. Bond and allowances of agent.
§58-673. Sale of property unclaimed for a year.
§58-674. Agent to render account.
§58-675. Liability of agent on bond.
§58-676. Claimant of property.
§58-677. Petition by nonresident - Contents - Hearing - Objections.
§58-691. Discharge of representative.
§58-692. Property discovered after final settlement.
§58-692.1. Title to omitted property without subsequent letters.
§58-693. Disposition of monies due minor without guardian - Person whose whereabouts is unknown - Person refusing to accept and receipt - Investment of funds - Dead heirs or legatees.
§58-694. Search for minor.
§58-695. Death of minor - Disposition of moneys.
§58-701. Orders and decrees, requisites of.
§58-702. Publications, how made.
§58-703. Recorded decree is notice to all persons.
§58-704. Citation must contain what.
§58-705. Service of citation.
§58-706. Personal notice, how given.
§58-707. Time of service of citation.
§58-707.1. Persons who may serve - Proof of service.
§58-708. Description of real property in publication.
§58-709. Trials and findings - Judgments, how enforced.
§58-710. Attorney appointed by the court, when.
§58-711. Recording of judgment or decree or notice of judgment or decree relating to real property.
§58-712. Revocation of letters for contumacy.
§58-713. Proof of death of person in military, naval or maritime service - Time for distribution.
§58-714. Joinder of proceedings relating to different estates.
§58-715. Setting out or disclosing facts.
§58-716. Orders fixing date of hearing and notice thereof - Signing.
§58-717. Computation of time.
§58-718.1. Proceedings for appointment of executor or administrator - Notice to creditors.
§58-718.2. Accounting and distribution.
§58-718.3. Other papers, pleadings, and orders.
§58-718.4. Certified copies as evidence.
§58-719.1. Service of notices on Governor and Attorney General.
§58-719.2. Consent by Governor to sale of property of estate.
§58-721. Appealable judgments and orders of district court.
§58-722. Party in default may not appeal.
§58-723. Vacation of judgment.
§58-724. Probate appeals taken as appeals in other cases.
§58-731. Appeal does not stay issue of letters.
§58-732. Appeal does not stay order revoking letters, etc.
§58-741. Reversal for error does not affect lawful acts.
§58-901. District courts may approve deeds.
§58-902. Petition for approval - Requirements.
§58-903. Hearings in district court - Terms of sale.
§58-905. This law exclusive - Repeal of conflicting laws - Court rules.
§58-911. Petition for determination - Hearing - Notice - Order and decree - Filing.
§58-912. Termination of joint tenancy or life tenancy with remainder interest by affidavit.
§58-912.1. Forms.
§58-924. Oil, gas and mineral leases by executors and administrators or guardians - Proceeding in district court - Petition.
§58-925. Order of court authorizing lease - Public auction - Notice.
§58-926. Sale of lease to highest bidder - Return of sale - Confirmation and approval by district court.
§58-927. Validation of prior leases.
§58-928. Unitizing with adjacent lands.
§58-928.1. Oil and gas leases having a bonus value not exceeding One Hundred Fifty Dollars - Sale of.
§58-929.1. Sales and agreements by administrators and executors - Approval.
§58-929.2. Filing of verified applications for approval - Contents.
§58-929.3. Notice of hearing an application - Lands in other counties.
§58-929.4. Hearing - Appearances - Approval.
§58-929.5. Confirmation - Additional bond.
§58-931. Easements for pipelines, transmission lines, highways and dams - Administrators and executors or guardians - Authority as to.
§58-932. Application and hearing on granting of easement - Notice - Approval.
§58-941. Presumption of death - Issuance of letters testamentary or of administration.
§58-942. Petition for letters - Venue.
§58-943. Contents of petition.
§58-944. Date for hearing - Notice - Proof of publication and mailing.
§58-945. Persons entitled to appear.
§58-946. Hearing - Presumption of death - Search or inquiry - Decree - Issuance of letters testamentary or of administration.
§58-961. Power to lease or extend lease - Term - Petition - Persons entitled to be heard.
§58-962. Setting for hearing - Notice - Finding - Order.
§58-963. Presentation of proposed lease to court - Review by court - Approval - Bond.
§58-1001. Disposition of property upon insufficient evidence of survivorship.
§58-1002. Beneficiaries.
§58-1003. Joint tenants or tenants by the entirety.
§58-1004. Husband and wife.
§58-1005. Life or accident policies - Annuity contracts - Distribution of proceeds.
§58-1006. Inapplication in certain cases.
§58-1007. Construction and interpretation.
§58-1008. Citation.
§58-1063. Supervised power of attorney.
§58-1071. Short title.
§58-1072. Definition.
§58-1072.1. Attributes of durable power of attorney - Authority granted.
§58-1072.2. Execution - Witnesses - Presumptions - Validity of prior powers.
§58-1072.3. Definition.
§58-1073. Disability, incapacity, or extended absence of principal not affecting acts done pursuant to durable power of attorney.
§58-1074. Fiduciary's power to revoke or amend durable power of attorney--Principal's nomination of fiduciary
§58-1075. Death, disability, or incapacity of principal - Effect on power of attorney - Notice of revocation.
§58-1076. Affidavit of lack of knowledge of termination or revocation of power of attorney.
§58-1077. Construction and application of act.
§58-1081. Standards of conduct and liability.
§58-1101. Application of act.
§58-1102. Petition - Filing - Contents.
§58-1103. Hearing - Notice.
§58-1104. Admission of will to probate - Appointment of surviving spouse as personal representative - Duties of representative.
§58-1105. Final account - Filing - Requisites - Petition.
§58-1106. Final account and petition - Date, time and place - Notice - Hearing.
§58-1201. Short title.
§58-1202. Definitions.
§58-1203. Applicability of law - Custodianship.
§58-1204. Nomination of custodian.
§58-1205. Irrevocable transfers to custodian.
§58-1206. Personal representatives or trustees - Irrevocable transfers to custodian.
§58-1207. Personal representatives, trustees or guardians - Irrevocable transfers to adult or trust company as custodian.
§58-1208. Persons holding property of or owing debt to minor - Irrevocable transfers to custodian.
§58-1209. Acknowledgment of delivery.
§58-1210. Creation of custodial property - Transfers.
§58-1211. Limitations on transfers.
§58-1212. Validity and effect of transfers.
§58-1213. Powers and duties of custodians.
§58-1214. Rights, powers and authority of custodians over property.
§58-1215. Delivery or payment to minor - Expenditures for minor's benefit.
§58-1216. Expenses and compensation of custodian - Bond.
§58-1217. Persons dealing with purported custodian - Responsibilities.
§58-1218. Claims against custodial property - Liability of custodian or minor.
§58-1219. Successor or substitute custodian.
§58-1220. Accounting by custodian.
§58-1221. Minor's death or attainment of majority.
§58-1222. Transfer under other laws after effective date of act.
§58-1223. Transfers under other law prior to effective date.
§58-1224. Application and construction.
§58-1225. Inapplicability of law to certain transfers - Effect.
§58-1251. Short title.
§58-1252. Transfer-on-death deed - Notice to beneficiary - Acceptance of transfer-on-death deed.
§58-1253. Transfer-on-death, form.
§58-1254. Revocation or change of grantee beneficiary - Effect of will.
§58-1255. Grantee interest subject to encumbrances - Non-consensual lien - Lapse of transfer.
§58-1256. Effect of deed on joint tenancy – “Joint owner” defined.
§58-1257. Record owner considered absolute owner.
§58-1258. Transfer-on-death deed not considered testamentary disposition.