Dismissing Probate Case Without Prejudice After Notice

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  1. After notice has been sent to the last known address of the personal representative of the estate, the attorney for the estate and any beneficiaries of the estate, the court may enter an order, without liability to the clerk of the county of administration, dismissing, without prejudice, a probate case if:
    1. No order of disposition has been entered;
    2. The case has been open for a period of time in which disposition could have occurred, but in no event less than eighteen (18) months from the order opening the estate; and
    3. The administration of the estate remains incomplete.
  2. A dismissal pursuant to this section shall only operate to close the administration and not invalidate any previous order of the court in the proceeding.


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