As amended through October 30, 2020
Rule 39-8.1 - Notice of Hearings(a) Upon qualification, the auditor or master shall fix a time and place for the initial hearing, and unless all parties in interest have waived notice or unless the order appointing the auditor or master provides that no notice by advertisement be given, the auditor or master shall give notice thereof by advertisement once a week for three (3) successive weeks:(1) In the Franklin County Legal Journal, if the account is filed in Franklin County; and(2) In at least one newspaper of general circulation published within the county, and if no such newspaper is published in that county, then in one such newspaper published nearest to that county.(b) The notice by publication shall include the following: (1) The fact of the auditor's or master's appointment, and the name of the estate involved;(2) The fact that an account, if any, has been filed and that a fund, if any, is to be distributed;(3) The names of the fiduciary, if any, of the estate;(4) The time and place of the hearing;(5) Notice that the auditor or master will sit for the performance of duties and will hear and receive claims upon the funds of the estate which are about to be distributed;(6) The fact that any persons having claims who do not present and prove them before the auditor or master will be forever barred from participating in the fund for distribution;(7) The name and address of the auditor or master.(c) Unless waived, when a fund is to be distributed, all persons having claims upon the fund shall be given specific notice in writing by the auditor or master to present and prove said claims before the auditor or be barred from coming in upon such fund, which notice shall be by first class mail to each claimant's last known address or to the claimant's attorney of record, if any. COMMENT: It shall be the fiduciary's duty to provide the auditor with all information necessary to send such notices.(d) If the auditor's or master's notice shall not appear, and/or is not mailed within thirty (30) days after he picks up his commission (except where notice has been duly waived or is not required) his commission shall be ipso facto revoked.(e) Such notice shall be given to all parties in interest not less than fifteen (15) days prior to any hearing.