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§58-331.
§58-331.
Every personal representative must, unless the notice has been given
by a special administrator as provided in Section 215 of this title,
within two (2) months after the issuance of his letters, file notice
to the creditors of the decedent stating that claims against said
deceased will be forever barred unless presented to such personal
representative, at the personal representative's place of residence or
business, or at the place of business of the attorney for the personal
representative, as specified in the notice, by the presentment date
stated in the notice. The presentment date shall be a date certain
which is at least two (2) months following the date said notice is
filed, and the first publication of said notice shall appear on or
before the tenth day after the filing of said notice. If the
presentment date stated is a Saturday, Sunday, or legal holiday, the
presentment date shall be deemed to be the next succeeding day which
is not a Saturday, Sunday, or legal holiday. The notice to creditors
shall be given by publication in some newspaper in the county in which
the probate is filed once each week for two (2) consecutive weeks, and
by mail to all known creditors of the decedent at their respective
last-known available addresses, in accordance with Section 6 of this
act. The notice shall be substantially in the following form:
All creditors having claims against A B, deceased, are required to
present the same, with a description of all security interests and
other collateral (if any) held by each creditor with respect to such
claim, to the named personal representative at ______ (address of the
personal representative or attorney for the personal representative)
on or before the following presentment date: _________________, or the
same will be forever barred.
C D, Personal Representative
for the Estate of A B, deceased.
or
E F, Attorney for Personal Representative
Dated ________________, 19__.
Provided, that in all proceedings wherein the decedent has been dead
for a period of more than five (5) years prior to the commencement of
a probate proceeding for said decedent's estate, or where regular
proceedings have been dispensed with pursuant to Section 241 of this
title, the presentment date may be stated to be a date certain
(subject to the above provisions regarding the stating of the
presentment date as a Saturday, Sunday, or legal holiday) which is at
least one (1) month following the date said notice is filed with the
district court clerk for the county in which the probate is pending,
and the first publication of said notice shall appear on or before the
tenth day after the filing of said notice with said district court
clerk.
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