Whenever any person dies leaving property with or without making a will and testament, and without leaving a husband or wife living with such person, and without ascendants or descendants or collateral relatives within the fourth degree, the owner of the dwelling in which his death occurred or any other person with whom the decedent has lived must notify the nearest court of the fact aforesaid within the knowledge of said owner or person, and any person failing to comply with his duty shall be liable for any losses which, through the failure of complying with this proceeding, shall be occasioned to the estate of the decedent. If the existence of next of kin of the decedent be known and they shall be absent from the place without having left a duly empowered attorney, the court shall take the necessary measures for the burial of the decedent and for the security of his property, as well as for giving proper notice thereof to the said next of kin. Upon the appearance of the aforesaid next of kin, either in person or by duly empowered attorney a permanent administrator shall be appointed and the property and effects of the decedent shall be turned over to him.
History —Code Civil Proc., 1933, § 554.