§ 28-40-121 - Finality of order -- Conclusiveness of finding of death.
28-40-121. Finality of order -- Conclusiveness of finding of death.
An order admitting a will to probate or for the appointment of a personal representative, if not contested or appealed from, shall be final, subject to the following exceptions:
(1) It may be reopened at any time prior to the order of final distribution for the purpose of admitting to probate a will not theretofore presented to the court;
(2) It may be vacated or modified for good cause as provided in 28-1-115; and
(3) (A) The finding of the fact of death shall be conclusive as to the alleged decedent only if the notice of the hearing on the petition for probate or for the appointment of a personal representative is sent by registered mail addressed to the alleged decedent at his or her last known residence address and when a search is ordered for the alleged decedent as provided in 28-40-112, the court finds that the search was made.
(B) If notice is sent and search made, and the alleged decedent is not dead, he or she may nevertheless at any time recover the estate from the personal representative if it is in his or her hands, or he or she may recover the estate or its proceeds from the distributees, if either is in their hands.