Rhode Island Will Probate Statute

The sections for probating a Rhode Island Will are set forth in title 33 probate practice and procedure, state of Rhode Island general laws:
§ 33-22-1 Petitions in writing and signed – Notice to institution of petition concerning deceased inmate. – Every application, petition, or complaint to a probate court shall be in writing and signed by or in behalf of the party making the petition, and on the filing of certificate of death of an inmate of an institution maintained or controlled by the state, it shall be the duty of the clerk of the probate court to give written notice of the filing of the petition accompanying the same, to the commission, board, department, or division having the management or control of the institution. § 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. § 33-22-3 Notice given by petitioner on filing of petition and hearing. – In addition to the notice prescribed by § 33-7-9, and to notice by publication in the manner as prescribed by § 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 § 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, 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 § 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 United States this notice shall be sent at least three (3) weeks before 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. § 33-22-16 Probate forms. – The legislative commission established under chapter 26 of this title shall prescribe the forms to be used by the probate courts and for the records thereof, which shall be printed, and furnished by the secretary of state or his or her designee to the clerks of the probate courts, to attorneys admitted to practice before the courts of this state, and to the public, without charge. All probate courts shall also furnish the forms without charge to parties and attorneys, and may require all parties to use them.

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