Order of final distribution — Contents

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  1. (a) The order authorizing, directing, or approving a final distribution shall state that:

    1. (1) Not less than sixty (60) days have elapsed from the date of the filing of the final account or notice and hearing have been waived;

    2. (2) The notice required by § 28-53-103 has been given or has been waived;

    3. (3) The time for filing claims against the estate has expired;

    4. (4) All claims have been paid, or contain a list of unpaid claims;

    5. (5) There are contingent claims which have been allowed and whether the distributees take subject thereto;

    6. (6) All state and federal inheritance and estate taxes have been paid or provided for; and

    7. (7) The distribution authorized or approved is according to law.

  2. (b) If there has been a determination that there is no liability to the estate by the personal representative or his or her surety and if the order approves a final distribution previously made, the order shall discharge the personal representative and the surety on his or her bond.


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