Chapter 096
2013 -- S 0095
Enacted 06/17/13
A N A C T
RELATING TO
PROBATE PRACTICE AND PROCEDURE - PRACTICE IN PROBATE COURTS
Introduced By: Senators Jabour, McCaffrey, Lynch, and Lombardi
Date Introduced: January 22, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Section 33-22-3 of the General Laws in Chapter
33-22 entitled "Practice in
Probate Courts" is
hereby amended to read as follows:
33-22-3.
Notice given by petitioner on filing of petition and hearing.
-- In addition to
the notice prescribed by section 33-7-9, and to notice by
publication in the manner as prescribed
by section 33-22-11, the petitioner or his or her
attorney shall, at least ten (10) days before the
date set for hearing on the petition, send or cause to be
sent by mail, postage prepaid, addressed to
each person whose name and post office address is by
section 33-22-2(3) required to be set forth
in the petition, as the names and addresses are set
forth therein or as then known to the petitioner,
and when the decedent was fifty-five (55) years or older
to the executive office of health and
human services and in accordance with section 40-8-15, notice of the filing, the nature of the
petition, and of the time and place set for hearing on the
petition, or in lieu thereof a copy of the
newspaper notice published pursuant to the provisions of
section 33-22-11; provided, however,
that in the case of any person entitled to notice
hereunder whose post office address is outside the
continental limits of the
date set for the hearing; and provided further that the
petitioner or his or her attorney shall not be
required to send this notice to any person sui juris who shall at, or prior to, the hearing waive
notice of its pendency in writing either on the petition or
by instrument separately filed. The
petitioner or his or her attorney shall at or prior to the
hearing file or cause to be filed an affidavit
that the notice was given, setting forth the names and
post office addresses of the persons to
whom the notice was sent and the date of mailing of the
notice, together with a copy of the notice.
SECTION 2. This act shall take effect on July 1, 2013.
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LC00230
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