§ 18-6-4. Notice — Guardian ad litem.
(a) Upon the application, notice in any form that the court may order shall be given by
delivering or mailing by registered or certified mail, return receipt requested, a
copy of the notice to the attorney general if there are public charitable interests,
and to all persons to or for whom income has been paid or accumulated during the period
covered by the account, and to those persons who, during that period, have received
or were entitled to receive or in the discretion of the trustee might have received
principal, and to all persons who, at the time of the mailing or delivery of the copy
of the notice, in default of any appointment or otherwise, would be entitled to share
in the income or principal if an existing tenancy for life or for years had then terminated
or the trust estate were then distributable in whole or in part, and to the executor
or administrator of any deceased persons entitled to notice or to those in being who
have succeeded to the interest of the deceased person, and to other persons who are
or may become interested and who shall have filed with the accountant a request in
writing for notice of proceedings on accounts, and any additional notice that the
court may order shall be given by publication, unless all persons interested receive
actual notice.
(b) The written assent to an account, or the waiver in writing of notice of it by a person
interested or by his or her guardian or legal representative, shall be deemed equivalent
to notice.
(c) If there are other persons interested to whom notice has not been given by delivery
of registered or certified mail, or if the interests of persons unborn, unascertained,
or legally incompetent to act in their own behalf are not represented except by the
accountant, the court shall appoint as guardian ad litem a competent and disinterested
person to represent these interests and persons, and the guardian ad litem shall,
without further notice or action by the court, also represent with respect to the
account all interested persons who may be born after the date of his or her appointment.
(d) It shall not be necessary, unless the court orders, to designate by name persons represented
by the guardian ad litem, other than those who are entitled to notice by delivery
of registered or certified mailing.
(e) The guardian ad litem appointed by the court shall be entitled to any reasonable compensation
that the court shall allow, which shall be charged to income and/or principal as the
court directs.