§ 28-53-102 — Partial distribution

(a) Delivery of Specific Property to Distributee Before Final Order. (1) Upon petition of the personal representative or of any distributee, with or without notice as the court may direct, the court may order the personal representative to deliver to any distributee who consents to it possession of any specific real or personal property to which he or she is entitled under the terms of the will or by intestacy, provided that other distributees or claimants are not prejudiced thereby. (2) At any time prior to the order of final distribution, the court may order the return of the property to the personal representative if it is for the best interest of the estate. The court may require the distributee to give security for the return. (b) Distribution of Part of Estate. (1) After the expiration of the time for the filing of claims and before final settlement of the accounts of the personal representative, a partial distribution may be ordered, after notice to such interested persons, if any, as the court may direct. (2) The partial distribution shall be as conclusive as an order of final distribution with respect to the estate distributed except to the extent that other distributees or claimants are deprived of the fair share or amount which they would otherwise receive on final distribution. (3) Before a partial distribution is so ordered, the court may require that security be given for the return of the property so distributed to the extent necessary to satisfy any distributees or claimants who may be prejudiced by any partial distribution.

Legislative History

Acts 1949, No. 140, § 160; A.S.A. 1947, § 62-2901.