TITLE 15

UNIFORM PROBATE CODE

CHAPTER 1

GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT

PART 4.

NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS

15-1-401.  Notice — Method and time of giving. (a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice shall be given:

(1)  by mailing a copy thereof at least fourteen (14) days before the time set for the hearing by certified, registered or ordinary first class mail addressed to the person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known;

(2)  by delivering a copy thereof to the person being notified personally at least fourteen (14) days before the time set for the hearing; or

(3)  if the address, or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing at least once a week for three (3) consecutive weeks, a copy thereof in a newspaper having general circulation in the county where the hearing is to be held, the last publication of which is to be at least ten (10) days before the time set for the hearing.

(b)  The court for good cause shown may provide for a different method or time of giving notice for any hearing.

(c)  Proof of the giving of notice shall be made by affidavit or in any other manner permitted by the court at or before the hearing and filed in the proceeding.

History:

[I.C., sec. 15-1-401, as added by 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 4, p. 319.]