75-3-310 - Informal appointment proceedings -- Notice requirements.
75-3-310. Informal appointment proceedings -- Notice requirements.
(1) The moving party must give notice as described by Section 75-1-401 of his intentionto seek an appointment informally:
(a) To any person demanding it pursuant to Section 75-3-204.
(b) To any person having a prior or equal right to appointment not waived in writing andfiled with the court.
(2) Upon receipt of an application for an informal appointment the clerk shall givewritten notice of the application to the heirs and devisees who have not waived notice. The noticeshall include the name and address of the person whose appointment is sought, the name andlocation of the court in which the application was filed, the date on which the application wasfiled, and a statement to the effect that the appointment will be made after the elapse of 10 daysfrom the date of the notice. The notice shall be delivered or sent by ordinary mail to each of theheirs and devisees at his address as shown on the application. The failure of an heir or devisee toobject to the appointment within the prescribed period of time shall not affect his right to petitionthe court to set the appointment aside under Section 75-3-414.
Amended by Chapter 194, 1977 General Session