Page:United States Statutes at Large Volume 79.djvu/771

 79 STAT. ]

PUBLIC LAW 89-183-SEPT. 14, 1965

The minor children shall act through the person having their custody or a next friend. (b) When the Probate Court is satisfied that the allegations in a petition filed under subsection (a) of this section are true, it shall enter a final order: (1) declaring that formal administration is not necessary and that probate of a will is not required; (2) fixing the amount of funeral expenses allowable and specifying to whom they are due and out of what property they are to be paid; (3) vesting title to the remainder of the property in the surviving spouse or minor children, as the case may be, in satisfaction of the family allowance; and (4) directing the persons having possession of the property to pay over, transfer, and deliver it as allotted. The Probate Court may also authorize in the order, or by further order, the sale of any of the property as the exigencies of the situation require. §20-2102. Waiver of administration; notice to creditors; final order (a) When a person dies intestate, leaving a small estate consisting only of personal property of a value not in excess of $500, and there is no surviving spouse or minor child, the person entitled to be preferred in the appointment of an administrator may file in the Probate Court a petition, under oath, declaring: (1) the time and place of the decedent's death; (2) the known next of kin; (3) that diligent search has been made for a will and none has been found; (4) the known creditors, together with the amount of each claim, including contingent and disputed claims; (5) the amount of the funeral expenses; (6) the known assets and by whom they are held; (7) that the petitioner has made a diligent search to discover all assets and debts of the deceased; (8) that the assets do not exceed $500 in value; and (9) that there are no known legal proceedings pending in which the decedent is a party. (b) When the Probate Court is satisfied that the allegations in a petition filed under subsection (a) of this section are true, it shall enter a preliminary order declaring that formal administration is not necessary, and instructing the petitioner to publish once, in substantially the usual form, notice to creditors to exhibit their claims, duly authenticated, within 30 days after the notice. The notice shall be inserted in one newspaper of general circulation in the District of Columbia as the court directs. (c) When a preliminary order has been entered and the notice has been published, as provided by.r subsection (b) of this section, and the time provided in the notice has expired, the petitioner shall file, under oath, a statement, with the usual proof of publication attached, that the notice has been published, and that the time has expired, and listing all then known creditors, including contingent and disputed claims, and the amount of each claim. (d) When the Probate Court is satisfied that the statement filed under subsection (c) of this section is true, and after hearing and disposing of any objections filed in the court by persons interested in the estate, it shall enter a final order: (1) directing the petitioner to pay from the estate all the claims, in the order of priority provided by law;

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