§ 2-9-201 — Application by petition two years after death; where filed

When more than two (2) years have elapsed since the death of a
person residing in this state, or residing outside of this state
but owning real estate or any interest therein situated within
this state, or who has made entry on any government lands and
has not received patent therefor, and there has been no
previous, record judicial determination of the decedent's heirs
or the right of descent of the real property interest, any heir
of the deceased or other person having derived title to any real
property or any interest therein from the deceased or from any
of his heirs either by direct or mesne conveyances, may make
application by petition to the court or commissioner of the
county in which the deceased was a resident at the time of his
death, or if a nonresident of the state at the time of his death
then in the district court of the county where the real estate
or some part thereof belonging to the deceased in his lifetime
is situated, for determination of the time of death of the
decedent and a determination of the heirs of the deceased, the
degree of kinship and the right of descent of the real property
belonging to the deceased.