PUBLIC LAWS-CH. 244-JUNE 24, 1949
there be no spouse or minor children surviving, if the person entitled
to be preferred in the appointment of an administrator files in the
Filing of petition.
probate court a petition, under oath, declaring: The time and place
of decedent's death; the known next of kin; that diligent search has
been made for a will; the known creditors, together with the amount
of each claim, including contingent and disputed claims; and funeral
expenses; the known assets and by whom held. that petitioner has
made a diligent search to discover all assets and debts of the deceased;
that said assets do not exceed $500 in value; and that there are no
known legal proceedings pending in which the decedent is a party;
the probate court, if satisfied that the allegations in said petition are
true, shall pass a preliminary order declaring that no formal adminis-
tration is necessary and instructing the petitioner to publish once in
substantially the usual form notice to creditors to exhibit their claims
duly authenticated, within thirty days after such notice, and which
notice shall be inserted in one newspaper of general circulation in the
District of Columbia as said court shall direct.
Distribution of es
"(2) Whenever such a preliminary order has been passed and the
tat.
notice has been published and the time provided in such 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 said time has expired, and listing all then known creditors,
including contingent and disputed claims, and the amount of each
claim. If satisfied that said statement is true, and after hearing and
disposing of any objections filed in the probate court by anyone inter-
ested in the estate, the probate court shall pass a final order (1) direct-
ing the petitioner to pay from the estate all of said claims, in the
order of priority provided by law, and (2) authorizing any person
having possession of any property of the decedent's estate to transfer,
pay over, and deliver the same in accordance with petitioner's direc-
tions, and (3) decreeing that, after the Register of Wills certifies upon
said final order that he has seen the vouchers for the payment of said
claims and is satisfied that said claims, as well as the fees hereinafter
provided for, have been paid, then the remaining balance of the estate,
if any, shall be vested as follows: First, in the adult surviving chil-
dren equally, and, secondly, if there be no adult surviving children,
then in those persons who would be entitled thereto under the statute
of distributions (the share of any minor shall be payable, in the dis-
cretion of the probate court, to the person having custody or to such
other person as it shall designate, to be used solely for the care and
maintenance of such minor).
sale o property.
"(3) The probate court may also provide in its final order for sale
of any property, upon such terms as it deems advisable, and for the
distribution of the proceeds in accordance with its final order.
Nonliability.
"(d) In the absence of fraud, no person who pays over, transfers,
or delivers any property pursuant to the provisions of a final order
entered under section 394 (b), or to the directions of a petitioner
acting under authority of a final order under section 394 (c), shall
be liable for the application thereof, nor shall any such person, nor
any person who receives any property pursuant to the provisions of
a final order entered under section 394 (b), or to the directions of a
petitioner acting under authority of a final order under section 394
(c), be responsible for any claims on account of the payment, transfer,
delivery, or receipt of such property; and the property distributed
pursuant to a final order in either case shall be and become the absolute
property of the respective distributees thereof.
"(e) No petitioner under this Act shall be required to be repre-
sented by an attorney, or to give bond, nor receive any commission for
performing any work or services hereunder.
270
[63 STAT.
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