§ 15-12-1306 — Decree - conclusive and when - reopening

A decree entered
pursuant to this part 13 is conclusive as to the rights of heirs or devisees in the
property described in the order from the date of its entry. If such a decree affects
title to real property, a certified copy of the decree must be recorded and indexed
in the office of the county clerk and recorder of each county in which real property
is located in like manner and in like effect as if it were a deed of conveyance from
the decedent to the heirs or devisees. Any person claiming to be an heir or devisee,
or the grantee or successor in interest of an heir or devisee, not served with notice
by personal service or by mail, and who did not admit, accept, or waive service, or
consent to the granting of the petition or enter a personal appearance, may petition
to reopen the proceeding and modify the decree within one year after the entry
thereof, but not thereafter; except that no such modification of the decree may
serve to impair the rights of any person who, in reliance upon such decree, in good
faith, for value, and without notice, purchased property or acquired a lien upon
property. Notwithstanding any provision of this part 13 to the contrary, the
admission of a previously unprobated will as part of a proceeding under this part 13
applies only to the decedent's particular property interests described in the
petition, in accordance with section 15-12-1302 (3)(d)(X), for the decedent.

Legislative History

Source: L. 93: Entire part R&RE, p. 1244, � 1, effective July 1. L. 2016: Entire section amended, (SB 16-133), ch. 145, p. 435, � 7, effective August 10.