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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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