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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