Title 15 — Estates and Probate

Advancements. A gift before death shall be considered as an ademption of a bequest or devise of the property given; but such gifts shall not be taken as an advancement to an heir or as an ademption of a general legacy unless such intention is expressed by the testator in the gran…

Share of Donee. Any property, real or personal, given by the decedent in the decedent's lifetime as an advancement to an heir, is a part of the state of the decedent for the purposes of division and distribution thereof among the decedent's heirs, and must be taken by such heir t…

If the value of the property advanced as set forth in Section 2903 of this Title is expressed in the conveyance, or in the charge thereof made by the decedent, or in the acknowledgment of the party receiving it, it must be held as of the that value in the division and distributio…

If an heir receiving an advancement dies before the decedent, leaving heirs, the advancement must be taken into consideration in the division and distribution of the estate, and the amount thereof must be allowed accordingly by the representative or successors in interest of the …

All questions as to advancements made, or alleged to have been made, by the decedent to his heirs, may be heard and determined by the Superior Court, and must be specified in the decree assigning and distributing the estate; and the decree of the Superior Court, when it becomes f…

When two or more heirs, devises or legatees are entitled to the distribution of undivided interests in any real or personal property of the decedent and they have not agreed among themselves, before distribu- COL120106 tion, to a partition, allotment or other division thereof, an…

Contents; Citation. The petition referred to in Section 2911 of this Title may be filed with the Clerk of the Superior Court at any time after the time to file or present claims has expired, and before the distribution of the property to be affected has been ordered. The petition…

Notice; Parties to Proceeding. When all the persons in interest have appeared or are in default on a proceeding for partition as described in this Chapter, the Clerk of the Superior Court shall set the matter for hearing by the Superior Court. The persons in interest who have fil…

Property; Sale; Acceptance of Undivided Interests. The Superior Court, at the hearing provided for in Section 2915 of this Title, shall proceed to take evidence and to partition, allot, and divide the property so that each party shall receive property of a value proportionate to …

Referees. In a proceeding for partition as described in this Chapter, the Superior Court may, in its discretion, appoint one or three referees to partition property capable of being divided, if requested to do so by any party in interest. The number of referees appointed must con…

Apportionment of Expenses; Attorney's Fees. COL120106 The expenses of a partition provided by this Chapter shall be equitably apportioned by the Superior Court among the parties, but each party must pay his own attorney's fees. The amount charged to each party shall constitute a …

Review. The allotment made by the Superior Court in a proceeding for partition as described in this Chapter shall control upon proceedings for distribution, unless modified for good cause upon reasonable notice, and the proceedings leading to such allotment may be reviewed upon a…