Title 15, Chapter 9, Section 86
( 15-9-86)
Every application made to the judge of the probate court for the
granting of any order shall be by petition in writing, stating the
ground of such application and the order sought. Unless otherwise
provided by law, if notice of the application, other than by
published citation, is necessary under the law or in the judgment of
the judge of the probate court, the judge shall cause a copy of the
application, together with a notice of the time of hearing, to be
served by the sheriff or some lawful officer upon each party who
resides in this state and to be mailed by registered or certified
mail or statutory overnight delivery to each party who resides
outside this state at a known address, at least ten days, plus three
days if mailed, before the hearing. An entry of such service shall
be made on the original. In extraordinary cases, where it is
necessary to act before such notice can be given, the judge of the
probate court shall so direct the proceedings as to make no final
order until notice has been given. |