Page:United States Statutes at Large Volume 76A.djvu/684

–588– -588§ 1162. When letters of administration may be granted Letters of administration may be granted by the court at any time appointed for the hearing of the application, or at any time to which the hearing is continued or postponed. § 1163. Setting petition for hearing; notice When a petition praying for letters of administration is filed, the clerk of the court shall set the petition for hearing by the court, and, at least 10 days before the hearing, give notice thereof by causing a notice to be posted at the courthouse, giving the name of the decedent, the name of the applicant, and the time at which the application will be heard. The clerk shall cause similar notice to be mailed to the heirs of the decedent named in the petition, at least 10 days before the hearing, addressed to them at their respective post-office addresses, as set forth in the petition, otherwise at the place where the proceedings are pending. § 1164. Contesting application A person interested may contest a petition for letters of administration by filing written grounds of opposition thereto, challenging the competency of the applicant, or may assert his own right to letters. I n the latter case he shall file a petition and give the notice required for an original petition, and the court shall hear the two petitions together. § 1165. Hearing on petition; order On the hearing of a petition or contest pursuant to this subchapter, upon proof that notice has been given as herein required, the court shall hear the allegations and proofs of the parties, and order the issuing of letters of administration to the party best entitled thereto. § 1166. Evidence of notice An entry in the records of the court, that the required proof was made and notice given, is evidence of the fact of the notice. § 1167. Facts to be proved; witnesses Before letters of administration are granted on the estate of a person who is represented to have died intestate, the fact of his dying mtestate shall be proved by the testimony of the applicant or others. The court may also examine any other person concerning the time, place, and manner of his death, the place of his residence at the time, the value and character of his property, and whether or not the decedent left a will, and may compel any person to attend as a witness for that purpose. Subchapter IV—Special Administrators § 1201. Appointment of special administrator; grounds; public administrator When: (1) there is delay in granting letters testamentary or of administration; or (2) letters are granted iregularly; or (3^ a sufficient bond is not filed as required; or (4) an application is not made for letters; or (5) an executor or administrator dies, or is suspended or removed— the court, if the circumstances of the estate of the decedent require the immediate appointment of a personal representative, shall appoint a special administrator to take charge of the estate in whatever division it may be found, and to exercise such powers as may be necessary for the preservation of the estate; or the court may direct the public administrator to take charge of the estate.

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