Title 53, Chapter 2, Section 40
( 53-2-40)
(a) When an individual has died intestate and there has been no
personal representative appointed in this state, any heir of the
decedent may file a petition praying for an order that no
administration is necessary. The petition shall be filed in the
probate court of the county of the domicile of the decedent, if the
decedent was domiciled in this state, or in the county in which real
property is located, if the decedent was not domiciled in this
state. (b) The petition shall show: the name and domicile of the decedent;
the names, ages or majority status, and domicile of the heirs of the
decedent; a description of the property in this state owned by the
decedent; that the estate owes no debts or that there are known
debts and all creditors have consented or will be served as provided
in Chapter 11 of this title; and that the heirs have agreed upon a
division of the estate among themselves. The agreement containing
original signatures of all the heirs, attested to by a clerk of the
probate court or a notary public, shall be attached to the petition.
Property subject to an outstanding security deed or agreement may be
subject to this proceeding only if the holder of the security deed
consents or is served and makes no objection. (c) The personal representative of a deceased heir is authorized to
agree to the division on behalf of that heir. |