§33-22-2  Contents of petition for probate or administration. –


Published: 2015

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TITLE 33

Probate practice and procedure

CHAPTER 33-22

Practice in Probate Courts

SECTION 33-22-2



   § 33-22-2  Contents of petition for probate

or administration. –

Whenever any petition shall be filed for the probate of a will or for the first

grant of original or ancillary administration in this state, the petitioner

shall set forth under oath in the petition:



   (1) The title of the proceeding and the name and address of

the petitioner.



   (2) The domicile of the decedent, together with any other

facts upon which the jurisdiction of the probate court to which the petition is

directed may depend.



   (3) So far as known to the petitioner:



   (i) The names and post office addresses of the surviving

spouse and heirs at law. Provided, however, if no heirs at law are listed, the

petitioner shall file an affidavit under oath setting forth what efforts the

petitioner has made to locate heirs at law.



   (ii) If the person is under the age of eighteen (18) years,

his or her age, post office address, and the names and post office addresses of

his or her parents, or such of them as may be living, and of his or her

guardian or guardians if any.



   (iii) If the person is an adjudged incompetent, the name and

post office address of his or her guardian or guardians if any, and the name

and post office address of the person or institution having the care or custody

of the incompetent.



   (iv) If the petition is for the allowance of a will, it shall

also contain the names and post office addresses of the named beneficiaries

entitled to take there under to the extent that they are different than the

heirs at law.



History of Section.

(G.L. 1938, ch. 571, § 20; P.L. 1951, ch. 2742, § 1; P.L. 1952, ch.

3022, § 1; G.L. 1956, § 33-22-2; P.L. 1984, ch. 81, § 7; P.L.

1990, ch. 36, § 1; P.L. 2008, ch. 296, § 1; P.L. 2008, ch. 315,

§ 1.)