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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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