The procedure provided by this chapter may be used only if one of the following requirements is satisfied: (a) No proceeding is being or has been conducted in this state for administration of the decedentâs estate. (b) (1) The decedentâs personal representative consents in writing to use of the procedure provided by this chapter to determine that real property that was the decedentâs primary residence is property passing to the petitioners. (2) For purposes of this chapter, âprimary residenceâ is not limited to the decedentâs residence at the time of their death.
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