Chapter 315

2008 -- S 2233

Enacted 07/08/08

 

A N A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE - PROBATE COURT

          

     Introduced By: Senators Jabour, Maselli, Tassoni, McBurney, and McCaffrey

     Date Introduced: February 06, 2008

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 33-22-2 of the General Laws in Chapter 33-22 entitled "Practice in

Probate Courts" is hereby amended to read as follows:

 

     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.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01273

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