Short answer. Rule 107, Section 3 requires the petition to show the jurisdictional facts, the names, ages and residences of will-instituted heirs and intestate-succession relatives, the names and residences of creditors and others with an adverse interest, and the property's probable value, location and character.

What the law says

The petition for the appointment of a representative, or for the declaration of absence and the appointment of a trustee or an administrator, must show the following: (a) The jurisdictional facts; (b) The names, ages, and residences of the heirs instituted in the will, copy of which shall be presented, and of the relatives who would succeed by the law of intestacy; (c) The names and residences of creditors and others who may have any adverse interest over the property of the absentee; (d) The probable value, location and character of the property belonging to the absentee.

Rule 107, Section 3 — Contents of petition. Read the full provision →

Jurisdictional facts come first

The petition must establish the jurisdictional facts before anything else, the threshold showing that gives the court the authority to act on the case at all. This typically means facts like the absentee's last known residence within the court's territorial jurisdiction and the period of absence, since a declaration of absence is a special proceeding that only a properly vested court may entertain, and everything that follows in the petition depends on this foundation being satisfied first.

Identifying the people with a stake

It must give the names, ages, and residences of the heirs instituted in the will, copy of which shall be presented, and of the relatives who would succeed by the law of intestacy — both a testate and an intestate contingency are covered, since it may not yet be known which will govern. Requiring both sets of names ensures every person who could eventually have a stake in the absentee's estate, whichever succession regime ultimately applies, is identified and can be given notice of the proceeding from the start.

Identifying creditors and adverse claimants

It must also state the names and residences of creditors and others who may have any adverse interest over the property of the absentee, surfacing competing claims and not just family interests. A trustee or administrator eventually appointed over the absentee's property will need to know who is owed money or otherwise has a claim against it, and requiring this information in the petition itself means the court and interested parties see the full picture of competing interests from the outset.

Describing the property itself

Finally, the petition must give the probable value, location and character of the property belonging to the absentee, so the court and everyone notified have a concrete picture of what is actually at stake. Describing the property's value, location, and character also helps the court gauge what kind of administration is warranted and whether a bond, and in what amount, should be required of whoever is eventually appointed to manage it.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.