(a)Whenever any person makes entry on any land in the
United States and dies before patent for the same is issued and
patent thereafter is issued to the heirs at law of the decedent,
any person interested in the lands as heir at law or devisee or
as grantee or assignee of such heirs at law or devisee, or the
personal representative of any of them if deceased, may file a
petition in the district court in and for the county wherein the
land or any part thereof is situate, setting forth the date of
death of the decedent, the date of issuance of the patent and
that the patent was issued to the heirs at law of the deceased
person, the land described therein, the names, ages and
residence if known of the heirs at law of the deceased persons
and a request that a decree be entered by the court es
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(a) Whenever any person makes entry on any land in the
United States and dies before patent for the same is issued and
patent thereafter is issued to the heirs at law of the decedent,
any person interested in the lands as heir at law or devisee or
as grantee or assignee of such heirs at law or devisee, or the
personal representative of any of them if deceased, may file a
petition in the district court in and for the county wherein the
land or any part thereof is situate, setting forth the date of
death of the decedent, the date of issuance of the patent and
that the patent was issued to the heirs at law of the deceased
person, the land described therein, the names, ages and
residence if known of the heirs at law of the deceased persons
and a request that a decree be entered by the court establishing
who are the heirs at law of the deceased person. Upon filing of
the petition the clerk of court shall make an order fixing the
time and place of hearing of the petition not less than thirty
(30) days from the filing of the petition.
(b) Notice of the time and place for hearing the petition
shall be given by publishing notice thereof at least once each
week for three (3) successive weeks in some newspaper of general
circulation in the county and the mailing of true copies to all
known heirs of the deceased person at least ten (10) days prior
to the date fixed for the hearing. Proof of publication and
mailing shall be made to the court upon the hearing. Any time
before the date fixed for the hearing any person interested in
the lands as heir at law or devisee of the decedent or as the
grantee of any such heir at law or devisee, may answer the
petition and deny any of the matters contained therein. At the
time fixed for the hearing or at such time thereafter as may be
fixed by the court, the court shall hear the proofs offered by
petitioner and any person answering the same, and shall make a
decree conformable to the proofs. The decree shall have the same
force and effect as decrees entered in accordance with the
provisions of the Code of Civil Procedure.