14-3403. Formal testacy proceeding; notice of
hearing on petition
A. Upon commencement of a formal testacy proceeding, the clerk shall fix a time and
place of hearing. Notice shall be given in the manner prescribed by section 14-1401 by
the petitioner to the persons specified in this section and to any additional person who
has filed a demand for notice under section 14-3204. Notice shall be given to the
following persons: the surviving spouse, children and other heirs of the decedent, the
devisees and executors named in any will that is being, or has been, probated, or offered
for informal or formal probate in the county, or that is known by the petitioner to have
been probated, or offered for informal or formal probate in another jurisdiction, and any
personal representative of the decedent whose appointment has not been
terminated. Notice may be given to other persons. In addition, the petitioner shall
give notice by publication one time at least fourteen days before the hearing to all
unknown persons and to all known persons whose addresses are unknown who have any
interest in the matter being litigated.
B. If it appears by the petition or otherwise that the fact of the death of the
alleged decedent may be in doubt, or on the written demand of any interested person, a
copy of the notice of the hearing on the petition shall be sent by registered mail to the
alleged decedent at his last known address. The court shall direct the petitioner to
report the results of, or make and report back concerning, a reasonably diligent search
for the alleged decedent in any manner that may seem advisable, including any or all of
the following methods:
1. By inserting in one or more suitable periodicals a notice requesting information
from any person having knowledge of the whereabouts of the alleged decedent.
2. By notifying law enforcement officials and public welfare agencies in
appropriate locations of the disappearance of the alleged decedent.
3. By engaging the services of an investigator. The costs of any search so directed
shall be paid by the petitioner if there is no administration or by the estate of the
decedent in case there is administration.
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