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§58-241.


§58-241.
   
   A. If, upon filing a petition for probate and after the appointment of
   the personal representative, it appears that the value of the real and
   personal property in the estate does not exceed Sixty Thousand Dollars
   ($60,000.00), the court shall order the personal representative to
   make an inventory of the estate, and the court shall appoint
   appraisers unless the court determines that appraisement is not
   necessary.
   
   B. If, upon return of the inventory of the estate of the decedent, and
   appraisement of the estate if required, it appears that the value of
   the whole estate, both real and personal property, does not exceed
   Sixty Thousand Dollars ($60,000.00), and upon application of the
   personal representative, the court shall dispense with the regular
   proceedings or any part thereof prescribed by law, and the court shall
   order notice to creditors, and issue order for hearing upon the final
   accounting and petition for determination of heirship, distribution
   and discharge; provided, nothing herein shall affect the lien upon any
   property for any estate or transfer tax which may be due upon the
   estate of the decedent.
   
   C. Notice to creditors and notice of hearing upon the final accounting
   and petition for determination of heirship, distribution and discharge
   shall be published once each week for two (2) consecutive weeks in
   some newspaper of general circulation, published in the county where
   the probate is filed, or, where there is no newspaper published in the
   county, posted in three public places in said county, one of which
   shall be the county courthouse. Notice to creditors and notice of
   hearing upon the final accounting, determination of heirship,
   distribution and discharge may be combined in one notice, referred to
   as a "combined notice". The notice to creditors or combined notice
   shall be mailed to creditors of the decedent as provided in Sections
   331 and 331.1 of this title. Notice of the hearing or the combined
   notice shall be mailed to all persons interested in the estate of said
   decedent at their respective last-known addresses not less than ten
   (10) days prior to the date of the hearing, and said notice shall set
   forth a date by which final account and petition for distribution will
   be filed. The date of said filing shall precede by at least five (5)
   days the order allowing final accounting, determination of heirs, and
   of legatees and devisees, if any, and distribution.
   
   D. The matter shall be set for hearing not less than thirty-five (35)
   days following the first publication of notice to creditors or
   combined notice, and upon such hearing the court shall, after proof of
   payment of funeral expenses, expenses of last sickness and of
   administration and allowed claims, issue an order allowing such final
   accounting, determining heirship and the legatees and devisees, if
   any, of said decedent, distributing the property of said estate and
   discharging the personal representative and surety or sureties on the
   personal representative's bond, or defer such discharge if in the
   discretion of the court such deferral is necessary or desirable.
   

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