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Indiana Code - Probate - Title 29, Section 29-1-1-12
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Indiana Lawyer > Probate > Indiana Code - Probate - Title 29, Section 29-1-1-12
Service of notice Sec. 12. Unless waived and except as otherwise provided by law, all notices required by this article to be served upon any person shall be served as the court shall direct by rule or in a particular case, either: (a) by delivering a copy of the same to such person or by leaving a copy of the same at his last and usual place of residence, at least ten (10) days before the hearing, if he is a resident of the state of Indiana; (b) by publication, if the person is a nonresident of the state of Indiana or if his residence is unknown, once each week for three (3) weeks consecutively in some newspaper printed and circulating in the county where said court is held, the first day of publication to be at least thirty (30) days prior to the date set for hearing; or in case there be no newspaper printed in said county, then in some newspaper circulating in the county where the proceeding is pending, and designated by the judge or clerk; (c) by registered or certified mail, requesting a return receipt, addressed to such person located in the United States, at his address stated in the petition for the hearing, to be posted by depositing in any United States post office in this state at least fourteen (14) days prior to the date set for hearing in said notice; (d) by personal service on nonresidents to be served by any officer authorized to serve process in the county of the nonresident, which notice shall be served at least fourteen (14) days prior to the date set for hearing in such notice; or (e) by any combination of two (2) or more of the above. In all cases where service by publication is ordered but personal service or service by registered mail is not ordered, all persons directed by the provisions of this article, or by order of the court, to be notified, whose names and addresses are known or can by reasonable diligence be ascertained by the party charged with the duty of giving such notice, shall in addition to such published notice be served by a written notice by United States mail, at least fourteen (14) days prior to the date set for hearing in said notice. The personal representative or party charged with the duty of giving said notice shall furnish the clerk with sufficient copies of said notice, prepared for mailing, and the clerk shall mail the same. (Formerly: Acts 1953, c.112, s.112; Acts 1955, c.258, s.1; Acts 1961, c.50, s.2.) As amended by Acts 1982, P.L.171, SEC.6; P.L.118-1997, SEC.8.
Last modified: May 27, 2006
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