Page:United States Statutes at Large Volume 79.djvu/730

 690

PUBLIC LAW 89-183-SEPT. 14, 1965

[79 STAT.

CHAPTER 5—PROBATE OF WILLS Sec. 18-501. 18-502. 18-503. 18-504. 18-505. 18-506. 18-507. 18-508. 18-509. 18-510. 18-511. 18-512. 18-513. 18-514.

Notice of petition for probate. Notice to nonresidents and unfound residents. Notice to unlinown kin or heirs at law. Probate; waiver of notice; proof of execution. Proof of wills; testimony; witnesses outside District. Appearance of persons not cited. Admission to probate. Caveat; will not to be. probated while issues pending. Caveat; time for filing. Prior will not to be probated pending issues. Guardian ad litem. Plenary proceedings. Trial of issues; jury; notice; service; absent parties; judgment. Wills filed prior to June 8, 1898, may be probated as of real estate.

§ 18-501. Notice of petition for probate (a) Upon the filing of a petition for probate of a will, the notice provided by this section and sections 18-502 and 18-503, shall be issued to each person who would be entitled to or interested in the estate of the testator if the will had not been executed, to appear in the Probate Court on a date named in the notice, if he has cause to show why the prayer of the petition should not be granted. (b) The notice may be by a citation in which the return date named is not earlier than 10 days after the filing of the petition. The United States marshal or deputy marshal shall serve the citation in the District of Columbia not less than 5 days before the return day named in the citation. § 18-502. Notice to nonresidents and unfound residents (a) Where a person entitled to notice under section 18-501 (a) is a nonresident of the District of Columbia or is a resident of the District who has been returned "Not to be found" under subsection (b) of that section, the notice may be by a citation in which the return date named is not less than 20 days after the filing of the petition. The citation shall be served not less than 10 days before the return date named therein and only by a person not less than 18 years of age, who is not a party to or otherwise interested in the estate of the decedent. The return, showing the time and place of service, shall be made under oath in the District of Columbia, unless the person making the service is a sheriff or deputy sheriff, or a marshal or deputy marshal, authorized to serve process where service is made. (b) When there is proof by the petition for probate or by other affidavit that any or all of the persons, interested as described by section 18-501 (a), are nonresidents of the District of Columbia, or when any of them has been returned "Not to be found" under subsection (b) of that section, the notice may be by a publication in which the return date named is not less than 30 days after the date of the first appearance of the publication. The notice shall be published once in each of three successive weeks in a newspaper of general circulation in the District of Columbia. A copy of the published notice shall be mailed to the last-known address of each person referred to in this subsection who is not shown to have been returned served personally under section 18-501 (b) or subsection (a) of this section. The court may by general rule prescribe the form of the notice by publication, and may order such other publication as the case requires. § 18-503. Notice to unknown kin or heirs at law (a) When it appears to the satisfaction of the court that all or any of the next of kin or heirs at law of the deceased are unknown, they may be proceeded against and described in the publication of notice provided for by section 18-502 (b) as "the unknown next of kin,"

�