14-3306. Informal probate; notice
requirements
A. The applicant must give notice as described by section 14-1401 of the
applicant's application for informal probate:
1. To any person demanding it pursuant to section 14-3204.
2. To any personal representative of the decedent whose appointment has not been
terminated. No other notice need be given prior to issuance of a statement of informal
probate by the registrar.
B. On issuance of a statement of informal probate, the applicant must within thirty
days give written information to all heirs and devisees of the admission of the will to
probate, together with a copy of the will. The information shall describe the court where
papers relating to the estate are on file and state that an heir has four months from
receipt of the information within which to commence a formal testacy proceeding if the
heir wishes to contest the probate. If a personal representative has been appointed, the
information given pursuant to this section may be combined with the information required
by section 14-3705 and may in that case be given by either the applicant or the personal
representative on behalf of both. This information shall be delivered or sent by mail to
each of the heirs and devisees whose address is reasonably available to the applicant. An
heir to whom the information is given is barred from commencing a formal testacy
proceeding to contest the probate of the will after four months have elapsed from receipt
of the information, but an heir is not barred from commencing a formal testacy proceeding
to probate a later discovered will. An heir to whom the information is not given may
contest the informal probate within the time limit specified in section 14-3108. The
applicant shall be liable to any heir or devisee damaged by failure to comply with this
subsection. An applicant's failure to give information as required by this section is a
breach of the applicant's duty to the heirs and devisees but does not affect the validity
of the probate.
|