TITLE 33
Probate practice and procedure

CHAPTER 33-15.1
Guardianship of Minors

SECTION 33-15.1-11


§ 33-15.1-11 Notice to spouse, children or heirs at law of ward.

(a) No petition for guardianship of a minor shall be heard and no person shall be appointed guardian of the person or estate of another unless notice of the application for appointment together with notice of the date, time and place set for hearing has been given to the prospective ward's spouse, children, and/or heirs at law who would inherit the prospective ward's estate pursuant to the terms of § 33-1-1.

(b) Notice shall be given by the petitioner or his or her attorney at least ten (10) days before the date set for hearing on the petition by regular mail, postage prepaid, addressed to the prospective ward's spouse and children at their last known addresses, or, if there be no children, then to the prospective ward's heirs at law next in line (under the rules of descent) as set forth in § 33-1-1 only at their last known address. The petitioner or his or her attorney shall at or prior to the hearing, file or leave to be filed an affidavit that notice was given setting forth the names and post office addresses of the persons to whom the notice was sent and the date of mailing thereof, together with a copy of the notice.

(c) Should the petitioner have no knowledge of the existence or whereabouts of any children or of any heir at law, an affidavit to that effect filed with the court shall satisfy this notice requirement.

(d) Notwithstanding any notice requirement of the petitioner, the court shall give notice of the petition by advertisement.

History of Section.
(P.L. 1992, ch. 493, § 5.)