§ 43-2-445 — Notice and Hearing Generally; Time for Hearing; Appointment of Guardian Ad Litem

Alabama § 43-2-445

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 2: Administration of Estates
• Art. 17: Renting and Sale of Real Estate
• Div. 1: For Payment of Debts and for Division

Text

(a) The court must appoint a day, not less than 30 days from the time of making such application, for the hearing thereof, and must appoint a proper person, not a petitioner or of kin to a petitioner, as a guardian ad litem, to represent the minors or persons of unsound mind, if any there be, and must issue a citation to the heirs or devisees of full age, and residing in this state, notifying them of the application, and the day appointed for hearing the same, which must be served on them 10 days before the day appointed for the hearing.
(b) If such application be for the sale of land for the payment of debts, notice must also be given by publication, once a week for three successive weeks, in some newspaper published in the county, or by posting up notice at the courthouse door and three other public places in the county, at the discretion of the court. If no newspaper is published in the county, notices must be posted as above prescribed.

Legislative History

(Code 1852, §1869; Code 1867, §§2223, 2224; Code 1876, §§2451, 2454; Code 1886, §§2107, 2108; Code 1896, §§159, 160; Code 1907, §§2623, 2624; Code 1923, §§5852, 5853; Code 1940, T. 61, §§247, 248.)