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§58-25.
§58-25.
When a petition for probate of a will is filed, the court must fix a
day for hearing the petition, not less than ten (10) nor more than
thirty (30) days from the date of filing of the petition, and if the
names and addresses of all heirs, legatees, and devisees of the
testator are known to the petitioner and are set out in the petition,
the court shall cause notice of such hearing to be given as provided
in Section 34 of this title, by mailing copies of the notice to all
heirs, legatees, and devisees, other than devisees and legatees whose
devises and bequests are conditioned upon another named person's
predeceasing the testator in accordance with terms stated in the will
and such named person did not predecease the testator in accordance
with terms stated in the will, postage prepaid, at their last-known
place of residence not less than ten (10) days prior to the date of
the hearing; provided, however, if the name or address of one or more
heirs, legatees, or devisees of the testator is not known to the
petitioner, or if one or more heirs, legatees, or devisees of the
testator are alleged to have survived the testator but died prior to
the filing of the petition and the petitioner alleges that he knows of
no personal representative for the decedents' estates, notice of the
hearing of the petition shall be given by mailing, as above provided,
and, in addition thereto, the notice shall be published in one issue
of a newspaper, and in such case the hearing shall not be less than
ten (10) days from the date of publication of the notice. For purposes
of this section, if a legatee or devisee is the trustee of an express
trust or testamentary trust, notice need be given only to the trustee
and not to the beneficiaries of the trust unless the beneficiaries are
otherwise entitled to notice as heirs or as legatees or devisees of
property not devised or bequeathed to the trust.
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