§ 33-22-2 Contents of petition for probateor administration. – Whenever any petition shall be filed for the probate of a will or for the firstgrant of original or ancillary administration in this state, the petitionershall set forth under oath in the petition:
(1) The title of the proceeding and the name and address ofthe petitioner.
(2) The domicile of the decedent, together with any otherfacts upon which the jurisdiction of the probate court to which the petition isdirected may depend.
(3) So far as known to the petitioner:
(i) The names and post office addresses of the survivingspouse and heirs at law. Provided, however, if no heirs at law are listed, thepetitioner shall file an affidavit under oath setting forth what efforts thepetitioner 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 ofhis or her parents, or such of them as may be living, and of his or herguardian or guardians if any.
(iii) If the person is an adjudged incompetent, the name andpost office address of his or her guardian or guardians if any, and the nameand post office address of the person or institution having the care or custodyof the incompetent.
(iv) If the petition is for the allowance of a will, it shallalso contain the names and post office addresses of the named beneficiariesentitled to take there under to the extent that they are different than theheirs at law.
§ 33-22-2 Contents of petition for probateor administration. – Whenever any petition shall be filed for the probate of a will or for the firstgrant of original or ancillary administration in this state, the petitionershall set forth under oath in the petition:
(1) The title of the proceeding and the name and address ofthe petitioner.
(2) The domicile of the decedent, together with any otherfacts upon which the jurisdiction of the probate court to which the petition isdirected may depend.
(3) So far as known to the petitioner:
(i) The names and post office addresses of the survivingspouse and heirs at law. Provided, however, if no heirs at law are listed, thepetitioner shall file an affidavit under oath setting forth what efforts thepetitioner 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 ofhis or her parents, or such of them as may be living, and of his or herguardian or guardians if any.
(iii) If the person is an adjudged incompetent, the name andpost office address of his or her guardian or guardians if any, and the nameand post office address of the person or institution having the care or custodyof the incompetent.
(iv) If the petition is for the allowance of a will, it shallalso contain the names and post office addresses of the named beneficiariesentitled to take there under to the extent that they are different than theheirs at law.
§ 33-22-2 Contents of petition for probateor administration. – Whenever any petition shall be filed for the probate of a will or for the firstgrant of original or ancillary administration in this state, the petitionershall set forth under oath in the petition:
(1) The title of the proceeding and the name and address ofthe petitioner.
(2) The domicile of the decedent, together with any otherfacts upon which the jurisdiction of the probate court to which the petition isdirected may depend.
(3) So far as known to the petitioner:
(i) The names and post office addresses of the survivingspouse and heirs at law. Provided, however, if no heirs at law are listed, thepetitioner shall file an affidavit under oath setting forth what efforts thepetitioner 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 ofhis or her parents, or such of them as may be living, and of his or herguardian or guardians if any.
(iii) If the person is an adjudged incompetent, the name andpost office address of his or her guardian or guardians if any, and the nameand post office address of the person or institution having the care or custodyof the incompetent.
(iv) If the petition is for the allowance of a will, it shallalso contain the names and post office addresses of the named beneficiariesentitled to take there under to the extent that they are different than theheirs at law.
