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

§ 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.

Legislative History

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.