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 decedent’s estate.
(b) (1) The decedent’s personal representative consents in writing to use of the procedure provided by this chapter to determine that real property that was the decedent’s primary residence is property passing to the petitioners.
(2) For purposes of this chapter, “primary residence” is not limited to the decedent’s residence at the time of their death.