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395.016 Notice of hearing of application.
When notice of hearing of an application for the appointment of an administrator,
administrator with will annexed or guardian is required, it shall be given by mailing
written notice of the time, place and purpose of such hearing at least five (5) days
before said hearing. Proof of such notice shall be by certified mail, return receipt
requested or by applicant's affidavit that the same was mailed to each of the parties
entitled thereto in a sealed envelope, postage prepaid, and the date when posted,
which proof shall be filed at the time of hearing. If all parties entitled to notice are
under no disability and waive notice in writing, the court may hear such application
as if notice had been given. A minor over fourteen (14) years of age may waive
notice if present in person at the time of hearing of application for appointment of his
guardian; provided, however in any estate where the gross amount involved is less
than five thousand dollars ($5,000) the court in its discretion may dispense with the
requirements of this section relating to notice.
Effective:July 15, 1982
History: Amended 1982 Ky. Acts ch. 141, sec. 106, effective July 1, 1982; and
ch. 277, sec. 9, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 315,
sec. 84. -- Created 1942 Ky. Acts ch. 167, sec. 7.
Note:
1980 Ky. Acts ch. 396, sec. 119 would have amended this section
effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982
Ky. Acts ch. 141, sec. 146, also effective July 1, 1982. Also 1982 Ky. Acts
ch. 277. sec. 10, purported to amend this section as it was amended by 1980
Ky. Acts ch. 396 but this amendment was not compiled.
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