75-3-403 - Formal testacy proceeding -- Notice of hearing on petition.
75-3-403. Formal testacy proceeding -- Notice of hearing on petition.
(1) Upon commencement of a formal testacy proceeding, the court shall fix a time andplace of hearing. Notice shall be given in the manner prescribed by Section 75-1-401 by thepetitioner to the persons herein enumerated and to any additional person who has filed a demandfor notice under Section 75-3-204. Notice shall be given to the following persons: the survivingspouse, children, and other heirs of the decedent, the devisees and executors named in any willthat is being, or has been, probated, or offered for informal or formal probate in the county, orthat is known by the petitioner to have been probated, or offered for informal or formal probateelsewhere, and any personal representative of the decedent whose appointment has not beenterminated. Notice may be given to other persons. In addition, the petitioner shall give notice bypublication to all unknown persons and to all known persons whose addresses are unknown whohave any interest in the matters being litigated.
(2) If it appears by the petition or otherwise that the fact of the death of the allegeddecedent may be in doubt, or on the written demand of any interested person, a copy of the noticeof the hearing on the petition shall be sent by registered mail to the alleged decedent at his lastknown address. The court shall direct the petitioner to report the results of, or make and reportback concerning, a reasonably diligent search for the alleged decedent in any manner that mayseem advisable, including any or all of the following methods:
(a) By inserting in one or more suitable periodicals a notice requesting information fromany person having knowledge of the whereabouts of the alleged decedent;
(b) By notifying law enforcement officials and public welfare agencies in appropriatelocations of the disappearance of the alleged decedent;
(c) By engaging the services of an investigator. The costs of any search so directed shallbe paid by the petitioner if there is no administration or by the estate of the decedent in case thereis administration.
Enacted by Chapter 150, 1975 General Session