Final Distribution: Procedure; Objections; Inquiry by Court

Concerning Distribution to Assignees or Transferees; Statement of Receipts and Disbursements.

(a)Immediately upon the final settlement of the accounts of the personal representative, or at any subsequent time, upon the application of the personal representative, or of any heir, devisee or legatee, or of the assignee, grantee or successor in interest of any heir, devisee or legatee, and after notice given in the manner provided in Section 3401 of this Title, the Superior Court must proceed finally to distribute the residue of the estate among the persons entitled thereto. Any person interested in the estate or any co-personal representative may resist the application.

(b)The Superior Court, before making final distribution of any property of a decedent to any assignee or transferee of any heir, devisee or legatee or before making distribution to any person other than an heir, devisee, or legatee pursuant to any agreement, request or instructions of any heir, devisee or legatee or of any attorney-in-fact of any heir, devisee or legatee, may on the motion of any person interested in the estate or on its own motion inquire into the consideration for such assignment, transfer, agreement, request or instructions and into the amount of any fees, charges or consideration paid or agreed to be paid by the heir, devisee or legatee and into the circumstances surrounding the execution of such assignment, transfer, agreement, request or instructions. If the Superior Court finds, upon such inquiry, that the fees, charges or consideration paid by any such heir, devisee or legatee is grossly unreasonable or that any such assignment, transfer, agreement, request or instructions was obtained by duress, fraud or undue influence it may refuse to make distribution pursuant thereto except upon such terms as it deems just and equitable. Notice of a hearing on any motion made COL120106 CH. 30 DISTRIBUTION AND DISCHARGE pursuant to this subsection shall be served personally or by registered mail, as the Superior Court may direct, at least ten

(10)calendar days before the hearing upon the heir, devisee, or legatee executing any such assignment, transfer, agreement, request or instructions and upon the person or persons claiming thereunder.

(c)A statement of any receipts and disbursements of the personal representative since the rendition of his final account must be reported and filed with the Clerk of the Superior Court at the time of making the distribution referred to in subsection

(a)of this Section; and a settlement thereof, together with an estimate of the expenses of closing the estate, must be made by the Superior Court and included in the order or decree, or the Superior Court may order notice to be given of the settlement of such supplementary account as in other cases of the settlement of accounts.