11.07.020 Petition; Contents

A petition for such probate administration may be filed by any person claiming to be an heir, heir at law, legatee, devisee, or creditor of the decedent. Such petition must set forth:

(a) The name, post office address, and place of death of the decedent;

(b) The name, post office address, and relationship of the petitioner to the decedent, or if petitioner is a creditor, the amount of his claim and the origin thereof;

(c) Whether or not the decedent left a will and, if so, the original must be attached to the petition or, in case the original cannot be found, a complete explanation of the failure to find such will must be set forth and the contents of such will must be stated as nearly as possible;

(d) The names, post office addresses and respective relationships to the decedent of all of his heirs, heirs at law, legatees, and devisees;

(e) So far as known to petitioner, the names and post office addresses of all creditors of the decedent with the amounts owing to each of such creditors respectively, and with a further statement that if there are other creditors, they are unknown to the petitioner and cannot with reasonable diligence be ascertained;

(f) A statement in detail as to all property, whether real or personal, left by the decedent giving an adequate legal description of all items of real estate not under the administration of the United States government, and a sufficient description to identify all items of personal property, and with the value of each item of real or personal property, according to petitioner's best knowledge, information, and belief;

(g) If any of the persons designated in Subdivisions (d) and (e) of this section are minors or adjudged mentally incompetent, the names and post office addresses of any guardians of the person and estate or either, and the names and post office addresses of any guardians ad litem. Such petition must be verified by the petitioner, or his agent or attorneys and, if not verified by petitioner personally, the reason must be stated. Such verification must set forth that as to the valuations assigned to the decedent's property, the same are correct according to petitioner's best knowledge, information and belief, and, as to other matters required, the verification must be positive as to the petitioner's own knowledge or, if on information and belief, must show the source of such information and belief.