Upon the date fixed for the hearing of such final
report and petition for distribution, or either thereof, or any
day to which such hearing may have been adjourned by the court,
if the court be satisfied that the notice of the time and place
of hearing has been given as provided herein, it may proceed to
the hearing aforesaid. Any person interested may file objections
to the said report and petition for distribution, or may appear
at the time and place fixed for the hearing thereof and present
his or her objections thereto. The court may take such testimony
as to it appears proper or necessary to determine whether the
estate is ready to be settled, and whether the transactions of
the personal representative should be approved, and to determine
who are the legatees or heirs or persons entitled to have the
property distributed to them, and the court shall, if it approves
such report, and finds the estate ready to be closed, cause to be
entered a decree approving such report, find and adjudge the
persons entitled to the remainder of the estate, and that all
debts have been paid, and by such decree shall distribute the
real and personal property to those entitled to the same. Upon
the production of receipts from the beneficiaries or distributees
for their portions of the estate, the court shall, if satisfied
with the correctness thereof, adjudge the estate closed and
discharge the personal representative.
The court may, upon such final hearing, partition among the
persons entitled thereto, the estate held in common and
undivided, and designate and distribute their respective shares;
or assign the whole or any part of said estate to one or more of
the persons entitled to share therein. The person or persons to
whom said estate is assigned shall pay or secure to the other
parties interested in said estate their just proportion of the
value thereof as determined by the court from the appraisement,
or from any other evidence which the court may require.
If it shall appear to the court at or prior to any final
hearing that the estate cannot be fairly divided, then the whole
or any part of said estate may be sold or mortgaged in the manner
provided by law for the sale or mortgaging of property by
personal representatives and the proceeds thereof distributed to
the persons entitled thereto as provided in the final decree.
The court shall have the authority to make partition,
distribution and settlement of all estates in any manner which to
the court seems right and proper, to the end that such estates
may be administered and distributed to the persons entitled
thereto. No estate shall be partitioned, nor sale thereof made
where partition is impracticable except upon a hearing before the
court and the court shall fix the values of the several pieces or
parcels to be partitioned at the time of making such order of
partition or sale; and may order the property sold and the
proceeds distributed, or may order partition and distribute the
several pieces or parcels, subject to such charges or burdens as
shall be proper and equitable.
The provisions of this section shall be concurrent with and
not in derogation of other statutes as to partition of property
or sale.
[2010 c 8 § 2064; 1965 c 145 § 11.76.050. Prior: 1921 c 93 § 1; 1917 c 156 § 163; RRS § 1533; prior: Code 1881 § 1557; 1854 p 297 § 179.]
NOTES:
Partition: Chapter 7.52 RCW.