Section PRP.04.71 — Appointment Of Executor

(a) Upon receipt of a petition for letters testamentary, the clerk shall schedule a hearing at which an Executor will be appointed and letters testamentary authorized. The hearing shall be scheduled so that adequate notice to interested parties can be made.

(b) Notice of hearing shall be made by the petitioning party to all persons named as takers under the will, and to all known heirs of the decedent if different from the named takers, and also posted in a conspicuous place in the Court building.

(c) At the hearing, the Court shall first determine the validity of the decedent's will and then appoint an Executor to administer the estate according to the terms of this Probate Code and the decedent's will.

(d) Letters testamentary shall be granted to the person appointed as Executor upon their taking an oath, to be prescribed by the Court, to the effect that the Executor will faithfully and honestly administer the estate, and upon the Executor's filing of bond, if required.