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In re Estate of L.C. Reece

Because widow did not make sure that all interested parties were served notice of her petition for year's support within the 3-year statute of limitation, her petition was properly dismissed.

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Peggy S. Reece appeals the Probate Court decision dismissing with prejudice her application for year’s support in connection with the death of her husband Larry Cecil Reece. She asserts the court made several erroneous findings leading to its decision.

Larry Reece died intestate on December 20, 1995, leaving a widow, an adult daughter Vickie Knicely, and a 14 year-old son. On April 1, 1996, Mrs. Reece became administrator of her husband’s estate. She filed an application for year’s support on December 18, 1996 on behalf of herself and her minor child. She included a prayer that “citation issue and be published, and all interested persons be given . . . notice . . . by mailing to them a copy of said citation.” On December 19, the court signed an “Order for Citation” directing the clerk of court to mail a copy of the citation to all the interested persons. Although notice was published in the county legal newspaper, notice to the interested persons was never mailed.

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