2013 -- S 0095

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LC00230

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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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

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 33-22-3 of the General Laws in Chapter 33-22 entitled "Practice in

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Probate Courts" is hereby amended to read as follows:

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     33-22-3. Notice given by petitioner on filing of petition and hearing. -- In addition to

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the notice prescribed by section 33-7-9, and to notice by publication in the manner as prescribed

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by section 33-22-11, the petitioner or his or her attorney shall, at least ten (10) days before the

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date set for hearing on the petition, send or cause to be sent by mail, postage prepaid, addressed to

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each person whose name and post office address is by section 33-22-2(3) required to be set forth

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in the petition, as the names and addresses are set forth therein or as then known to the petitioner,

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and when the decedent was fifty-five (55) years or older to the executive office of health and

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human services and in accordance with section 40-8-15, notice of the filing, the nature of the

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petition, and of the time and place set for hearing on the petition, or in lieu thereof a copy of the

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newspaper notice published pursuant to the provisions of section 33-22-11; provided, however,

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that in the case of any person entitled to notice hereunder whose post office address is outside the

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continental limits of the United States this notice shall be sent at least three (3) weeks before the

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date set for the hearing; and provided further that the petitioner or his or her attorney shall not be

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required to send this notice to any person sui juris who shall at, or prior to, the hearing waive

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notice of its pendency in writing either on the petition or by instrument separately filed. The

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petitioner or his or her attorney shall at or prior to the hearing file or cause to be filed an affidavit

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that the notice was given, setting forth the names and post office addresses of the persons to

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whom the notice was sent and the date of mailing of the notice, together with a copy of the notice.

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     SECTION 2. This act shall take effect on July 1, 2013.

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LC00230

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE - PRACTICE IN PROBATE

COURTS

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     This act would remove the requirement of notifying the executive office of health and

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human services when a decedent is fifty-five (55) years or older, when petitioning for the probate

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of a will or administration of an estate.

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     This act would take effect on July 1, 2013.

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LC00230

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