§ 58-944. Date for hearing - Notice - Proof of publication and mailing.  


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  • A.  Upon the petition as provided for in Section 943 of this title being filed, the court must fix a day for hearing the same, not less than thirty (30) days from the date of the filing thereof, and shall cause notice of such hearing to be given to such absent person, his heirs, devisees or legatees, and any person or persons interested in his estate by:

    1.  publishing said notice once each week for three (3) consecutive weeks in a newspaper in said county; and

    2.  publishing said notice once each week for three (3) consecutive weeks in a newspaper at the last location where the absentee was last heard from; and

    3.  mailing copies of such notice to the last-known address of the absentee and to all known relatives of said absent person, and all other persons interested in the estate, known to the petitioner, at their last-known place of residence, and deposited in the post office with the postage thereon prepaid by the petitioner, at least twenty (20) days prior to the date of said hearing.

    B.  The notice must be issued by the court.  Proof of publication and of mailing the notices must be made at the hearing.

Laws 1937, p. 6, § 4; Laws 1969, c. 302, § 34, eff. Jan. 1, 1970.