Title 53, Chapter 5, Section 22
( 53-5-22)
(a) Probate in solemn form requires due notice to all the heirs of
the testator and to the beneficiaries and propounders of any other
purported will of the testator for which probate proceedings are
pending in this state. Service of a notice of petition for probate
in solemn form shall be personal if the party resides in this state
and is known and shall be served at least ten days before probate is
to be made, except that, if waived, the ten-day provision shall not
apply. (b) For purposes of giving notice to beneficiaries under a purported
will for which probate proceedings are pending in this state, notice
shall be given to: (1) Each beneficiary: (A) Who has a present interest, including but not limited to a
vested remainder interest but not including trust beneficiaries
where there is a trustee; and (B) Whose identity and whereabouts are known or may be
determined by reasonable diligence; (2) The duly acting guardian of each individual beneficiary with a
present interest or power, other than a mere trust beneficiary,
who is not sui juris; and (3) Each trustee. Notice shall not be required in the case of a person whose interest,
even though vested, cannot be possessed until the passage of time or
the happening of a contingency. The probate court may, on motion,
modify the notice required in the case of numerous beneficiaries of
the same or similar class where the value of each testamentary gift
is, or appears to be, nominal. Upon motion, the court may determine
whether the interest of any beneficiary required to be notified
under this subsection is adequately represented, including any
contingent interest of a beneficiary, and if such representation is
found to be inadequate, the court may appoint a guardian ad litem to
represent each beneficiary or order such other notice as may be
appropriate to a beneficiary of a contingent interest. If a trustee
named in the will indicates a refusal to represent the beneficiaries
of the testamentary trust, the court may order that notice be given
directly to the beneficiaries of the trust. (c) Service of a notice of petition for probate in solemn form shall
be in accordance with the provisions of Chapter 11 of this title
and, if made personally or by mail, shall include a copy of the
petition and of the will for which probate is sought. If service is
to be made by publication, the published notice shall set forth the
court, the time the order for service by publication was granted,
the name of the decedent, the fact that a petition has been filed
seeking the probate of the will of the decedent in solemn form, and
the name of the petitioner who seeks letters testamentary or the
continuance in force of any letters testamentary previously granted.
The notice shall command all parties to whom it is directed to file
objection, if there is any. |