59-2223. Hearing; entry of appearance, waiver of notice and consent to immediate hearing.
59-2223
59-2223. Hearing; entry of appearance, waiver ofnotice and consentto immediate hearing.When a petition is filed for the probate of a will, for the determinationthat a consent of a spouse to a will is a valid and binding consent or foradministration, if all the parties interested as heirs, devisees andlegatees enter their appearance in writing, duly acknowledged, waivethe notice otherwiserequired and consent to an immediate hearing, a hearing may beheld, inthe discretion of the court, as if notice had been given. Such entry ofappearance, waiver of notice and consent to an immediate hearing may begiven by: (a) A trustee on behalf of the trustee and all beneficiaries ofthe trust; (b) a conservator on behalf of the conservator and all theconservator'sconservatees; (c) a guardian on behalf of the guardian and all the guardian'swards; (d) a guardian ad litem on behalf of the guardian ad litem and all ofthose whom the guardian ad litem represents; or (e)by an attorney under the servicemembers civil relief act on behalf of anattorney appointedpursuant to the servicemembers civilrelief act and all of thosewhom such attorney represents.
History: L. 1939, ch. 180, § 199;L. 1975, ch. 299, § 16;L. 1981, ch. 228, § 3;L. 1987, ch. 211, § 1;L. 2005, ch. 45, § 3; July 1.