[Previous] [Next]
§58-128.
§58-128.
A. When a petition praying for letters of administration is filed, the
judge of the court must set a day for hearing the same and cause
notice thereof to be given, containing the name of the decedent, the
name of the applicant for letters, and the day on which the
application will be heard.
B. If the names and addresses of all heirs of the decedent are known
to the petitioner and are set out in the petition, the notice must be
given, as provided in Section 34 of this title, by mailing a copy of
the same to each of the heirs of the deceased with the postage thereon
prepaid at least ten (10) days before the day set for the hearing.
C. If the name or address of one or more heirs of the decedent is not
known to the petitioner, notice of the hearing of the petition shall
be given by mailing, as above provided, and by publishing the same one
time in a legal newspaper in the county at least ten (10) days before
the day set for the hearing.
D. If the petition asks for the appointment of some person entitled
under the law to appointment, and there shall accompany such petition
a waiver of all persons having a prior right to appointment or if the
applicant has a prior right of appointment, then no notice shall be
given and the court shall proceed without delay to hear such petition.
[Previous] [Next]