When a person dies seized of lands, tenements or hereditaments, or any right thereto
or entitled to any interest therein in fee or for the life of another, his or her
title shall vest immediately in his or her heirs or devisees, subject to his or her
debts, family allowance, expenses of administration, and any other charges for which
such real estate is liable under existing laws. No administration of the estate of such decedent, and no decree of distribution
or other finding or order of any court shall be necessary in any case to vest such
title in the heirs or devisees, but the same shall vest in the heirs or devisees instantly
upon the death of such decedent: PROVIDED, That no person shall be deemed a devisee
until the will has been probated. The title and right to possession of such lands, tenements, or hereditaments so
vested in such heirs or devisees, together with the rents, issues, and profits thereof,
shall be good and valid against all persons claiming adversely to the claims of any
such heirs, or devisees, excepting only the personal representative when appointed,
and persons lawfully claiming under such personal representative; and any one or
more of such heirs or devisees, or their grantees, jointly or severally, may sue for
and recover their respective shares or interests in any such lands, tenements, or
hereditaments and the rents, issues, and profits thereof, whether letters testamentary
or of administration be granted or not, from any person except the personal representative
and those lawfully claiming under such personal representative.
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