It shall be the duty of any executor, in the case last mentioned, to petition the part of the Court of First Instance of the domicile of the testator, or of the place where his property is situated, for a judicial administration, which said petition shall be accompanied with a certified copy of the will in which the executor is appointed. In default of a duly appointed executor, any one of the persons named in § 2361 of this title may file such petition. Upon the filing of the petition the judge shall proceed to summon the executor, if there be any, the surviving spouse and the other heirs and legatees, as well as all creditors of the estate, directing them to appear at a day, hour, and place designated, not less than eight (8) nor more than fifteen (15) days after the issuance of said summons, but should the said part of the Court of First Instance be in vacation, the petition shall not be filed until the next session.
History —Code Civil Proc., 1933, § 559.