Rhode Island General Laws 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.
Terms Used In Rhode Island General Laws 33-22-2
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Ancillary administration: Probate administration of property (usually real property) owned in a State other than the one in which the decedent had his (her) principal residence at the time of death.
- Decedent: A deceased person.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oath: A promise to tell the truth.
- oath: includes affirmation; the word "sworn" includes affirmed; and the word "engaged" includes either sworn or affirmed. See Rhode Island General Laws 43-3-11
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Probate: Proving a will