R.I. Gen. Laws § 33-19-26 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-26
§ 33-19-26. Authority for lease by guardian.
Status: in_force

The probate court which appointed or approved a guardian, upon the petition of the guardian, setting forth a description of the real estate which it is proposed to lease, upon hearing, after the notice as the court shall order, may authorize the guardian to give a written lease of the real estate or any part thereof, and the decree of the court shall fix the term and the rental, and approve the form of the lease; provided, that a guardian of a minor shall not lease the real estate of his or her ward beyond the wards minority.
R.I. Gen. Laws § 33-16-31 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-31
§ 33-16-31. Commitment of insane person to federal agency.
Status: in_force

Upon the written application of the parent, guardian, relative or friend of any person, accompanied by the certificate of two (2) practicing physicians, registered in the state, that the person is insane, the veterans administration or other agency of the United States government, is hereby authorized to receive the insane person for care and treatment upon terms as may be fixed by the veterans administration or other agency of the United States government in its discretion.
R.I. Gen. Laws § 33-6-9 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-9
§ 33-6-9. Gift for life with remainder to issue.
Status: in_force

Whenever a devise or bequest is made to one for life and thereafter to his or her issue in any will hereafter made, issue shall be construed to be the children of the life tenant living at his or her death, and the lineal descendants of those children as may have then died, as tenants in common, but the descendants of any deceased child taking equally amongst them the share only which their deceased parent, if then living, would have taken.
R.I. Gen. Laws § 33-9-22 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-22
§ 33-9-22. Validity of acts by executor or administrator subsequently removed  Validity of purchases from devisees, legatees, or heirs.
Status: in_force

When an executor or administrator is removed, or when letters of administration or decrees are revoked, all previous sales whether of real or personal estate, lawfully made by an executor or administrator and with good faith on the part of the purchaser, and all other lawful acts done by the executor or administrator, shall remain valid and effectual. A decree allowing a will or compromise of a will or adjudicating the intestacy of the estate of a deceased person in any court in the state having jurisdiction thereof shall, after one year from the rendition thereof or, if proceedings for its reversal are had, after one year from its establishment, or in the event that administration of the estate has been fully completed within one year after the rendition or establishment, as the case may be, then after completion of administration of the estate, be final and conclusive in favor of purchasers for value in good faith without notice of any adverse claims of any property, real or personal, from devisees, legatees, or heirs claiming under the will or estate, or from their executors, administrators, guardians, or conservators. This section shall not make an adjudication of the fact of death conclusive.
R.I. Gen. Laws § 33-18-13 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-13
§ 33-18-13. Removal of fiduciary for failure to appoint agent.
Status: in_force

Neglect or refusal on the part of an executor, administrator, or guardian to comply with any requirement of §§ 33-18-9  33-18-12 may be cause for removal.
R.I. Gen. Laws § 33-16-1 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-1
§ 33-16-1. Short title.
Status: in_force

This chapter may be cited as the Uniform Veterans Guardianship Act.
R.I. Gen. Laws § 33-16-25 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-25
§ 33-16-25. Termination of guardianship.
Status: in_force

In addition to any other provisions of law relating to judicial restoration and discharge of a guardian, a certificate by the veterans administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the veterans administration upon examination in accordance with law shall be prima facie evidence that the ward has attained majority, or has recovered his or her competency. Upon hearing after notice as provided by this chapter and the determination by the court that the ward has attained majority or has recovered his or her competency, an order shall be entered to that effect, and the guardian shall file a final account. Upon hearing after notice to the former ward and to the veterans administration as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due him or her from the guardian, the guardian shall be discharged and his or her sureties released.
R.I. Gen. Laws § 33-21A-2 — RI Code / Title 33 / Chapter 33-21A / Section 33-21A-2
§ 33-21A-2. Obtaining information on accounts.
Status: in_force

The general treasurer shall request from the bureau of accounts of the United States treasury department records providing the following information: the names of depositors at the post offices of this state whose accounts are unclaimed, their last addresses as shown by the records of the United States postal service, and the balance in each account. He or she shall agree to return to the bureau of accounts promptly all account cards showing last addresses in another state.
R.I. Gen. Laws § 33-13-12 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-12
§ 33-13-12. Time when order of distribution required.
Status: in_force

Within two (2) years after the first publication, or such further time as the probate court for cause shown may allow, administrators shall obtain an order of distribution, ascertaining the distributees and the proportion of the personal estate due each.
R.I. Gen. Laws § 33-3-14 — RI Code / Title 33 / Chapter 33-3 / Section 33-3-14
§ 33-3-14. Certificate of descent.
Status: in_force

Prior to acceptance by the probate court of the final account or affidavit of complete administration, the fiduciary shall submit to the probate court an affidavit of no real property or a duly recorded certificate of descent which shall contain the name and place of residence of each person to whom the real property, or any portion thereof or interest therein is distributed, set out, or divided or descends, or a particular description of the estate, portion, or interest distributed, set out, or divided or descending to each person. Said certificate of descent shall be signed by the fiduciary.
R.I. Gen. Laws § 33-11-2 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-2
§ 33-11-2. Effect of administration de bonis non.
Status: in_force

When after qualification the original personal representative dies, resigns or is removed, without having fully administered the estate, and a successor personal representative is appointed, the succeeding administration shall be deemed to be a continuation of the preceding administration, and all limitations which could be claimed for or against the predecessor may be claimed for or against the successor; provided, however, that the time when there is no personal representative of the estate shall not be reckoned as part of the periods for the filing, or proof of claims, or limitations for bringing suits; and these periods, and generally the periods referred to where no provision to the contrary is made, shall be reckoned exclusive of this time.
R.I. Gen. Laws § 33-12-12 — RI Code / Title 33 / Chapter 33-12 / Section 33-12-12
§ 33-12-12. Decrees for distribution of insolvent estates.
Status: in_force

After the expiration of the time for claiming an appeal from the decree on the report of the commissioners on an insolvent estate, the probate court shall make a decree for the distribution of the estate among the creditors whose claims are allowed. If an appeal is claimed or if a suit is pending against the estate, the decree may be suspended until the determination of the appeal or suit, or a distribution may be ordered among the creditors whose claims are allowed, leaving in the hands of the executor or administrator an amount sufficient to pay claimants whose appeals or suits are pending a proportion equal to that of the other creditors. In case further assets shall come to the hands of the executor or administrator after the decree of distribution, the probate court shall make from time to time further decrees of distribution among the creditors.
R.I. Gen. Laws § 33-7-19 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-19
§ 33-7-19. Notice of offer of foreign will.
Status: in_force

Upon the request to record a foreign probated will, the court shall cause notice thereof to be given in the same manner as if the will was presented to the court for probate, so that any person may appear and show cause why the copy should not be filed and recorded.
R.I. Gen. Laws § 33-13-3 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-3
§ 33-13-3. Restrictions on power of heir or devisee to incumber or alien realty.
Status: in_force

No heir or devisee of a deceased person shall have power, within two (2) years and six (6) months after the first publication of the notice of the qualification of the first executor or administrator on the estate of the deceased person, to incumber or alien the real estate of the deceased so as to prevent or affect the sale of the real estate by the executor or administrator, if necessary, as prescribed by law; provided, however, unless otherwise directed by will or codicil, that after the expiration of the period of two (2) years and six (6) months from the date of first publication, without any deduction of time when there was no representative of the estate, the heir or devisee may alien or incumber the real estate, and the real estate shall not be chargeable with any lien for the debts of the deceased.
R.I. Gen. Laws § 33-16-6 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-6
§ 33-16-6. Filing of petition for appointment of guardian.
Status: in_force

A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file a petition. If there is no person so authorized or if the person so authorized refuses or fails to file a petition within thirty (30) days after the mailing of notice by the veterans administration to the last known address of the person, if any, indicating the necessity for the appointment, a petition for appointment may be filed by any resident of this state.
R.I. Gen. Laws § 33-16-13 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-13
§ 33-16-13. Filing of bond.
Status: in_force

Upon the appointment of a guardian, he or she shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under the general guardianship laws of this state. The court may from time to time require the guardian to file an additional bond.
R.I. Gen. Laws § 33-9-1 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-1
§ 33-9-1. Return of inventory of estate.
Status: in_force

Every administrator and every executor, shall, within ninety (90) days after his or her appointment or such longer period as may be allowed by the probate court, return to the probate court, under oath, a true inventory of all the personal property, both tangible and intangible, and of all claims, rights, causes of actions and other assets, other than real property, of the deceased, with an appraisement thereof as of the date of the decedents death.
R.I. Gen. Laws § 33-12-6 — RI Code / Title 33 / Chapter 33-12 / Section 33-12-6
§ 33-12-6. Sale of real estate to effect prompt settlement of estate.
Status: in_force

The executor or administrator may sell the real estate of a deceased person despite the sufficiency of the personal property to pay the debts, funeral expenses and the items above enumerated whenever in the discretion of the probate court this action seems desirable in effecting a prompt and efficient settlement of the estate; provided, however, that this authority shall not be given with reference to real estate specifically devised, unless the specific devisees consent in writing thereto. An executor with a valid power of sale under a will may convey specifically devised property with the written consent of the specific devisee.
R.I. Gen. Laws § 33-18-29 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-29
§ 33-18-29. Deposit of unclaimed funds in court  Payment by court.
Status: in_force

If money, which a decree of a probate court has ordered to be paid over, remains for six (6) months unclaimed, the executor, administrator, or guardian who was ordered to pay over the money may deposit it in the registry of the probate court to accumulate for the benefit of the person entitled to the money. The person making the deposit shall take the receipt of the probate court for the money, and then shall be discharged from all liability as to the money. When the person entitled to the money deposited satisfies the probate court of his or her right to receive the same, the court shall cause it to be paid over and transferred to him or her, with all accumulations of money.
R.I. Gen. Laws § 33-19-9 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-9
§ 33-19-9. Public or private sale  Petitioner as purchaser  Minimum price fixed.
Status: in_force

The probate court may authorize executors, administrators, and guardians, at their option, to sell real estate of a deceased or of a ward, either at public auction or by private contract. The court, on petition with notice, if satisfied that the action will not be prejudicial to the interests of the estate, may authorize the petitioner to become the purchaser of the real estate, at public or private sale; provided, however, that, in any instance, if a sale be made by private contract, the sale shall be made for not less than the sum fixed by the court in its decree authorizing the sale.
R.I. Gen. Laws § 33-19-11 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-11
§ 33-19-11. Adjournment of auction sale.
Status: in_force

The executor, administrator, or guardian may, in his or her discretion, adjourn any auction sale to a future day, whenever he or she may deem it advisable, giving notice of the adjournment in the same manner in which notice of the sale was given, as soon as may be after the adjournment and up to the day of the adjourned sale, unless the adjournment shall be from day to day only, and then by making public proclamation at the time and place of the sale and by setting up a notice of the sale at the appointed place.
R.I. Gen. Laws § 33-7-12 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-12
§ 33-7-12. Compromise of controversies pending probate.
Status: in_force

The superior court may authorize the persons named as executors in an instrument purporting to be the last will of a deceased person, or the administrator with the will annexed, at any time before a final decree approving the instrument as the last will of the deceased person is entered, to adjust by compromise all controversies that may exist or arise concerning the will.
R.I. Gen. Laws § 33-15-5 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-5
§ 33-15-5. Hearing.
Status: in_force

No limited guardian or guardian shall be appointed until after a hearing on the petition. The hearing shall be before a judge of the probate court of the city or town where the petition was filed.

(1) The respondent shall have the right to be present at the hearing and all other stages of the proceedings.

(2) The respondent shall be allowed to:

(i) Compel the attendance of witnesses;

(ii) Present evidence; and

(iii) Confront and cross examine witnesses.

(3) The standard of proof shall be clear and convincing evidence.

(4) The Rhode Island rules of evidence shall apply.

(5) Any professional whose training and experience aid in the assessment of decision making ability and who has so assessed the respondent may be permitted to provide expert testimony regarding the decision making assessment of the respondent.
R.I. Gen. Laws § 33-15-26 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-26
§ 33-15-26. Annual account.
Status: in_force

(a) A limited guardian or guardian with authority to make decisions regarding the wards estate, shall return to the probate court, in every year, his or her account, in the same manner as executors and administrators are by law required to do. The probate court shall monitor each limited guardianship or guardianship file. If the court finds that an annual accounting has not been filed, the court shall cite the limited guardian or guardian and demand that an accounting be filed within thirty (30) days. If the limited guardian or guardian fails to comply with the citation for thirty (30) days, without sufficient excuse, the limited guardian or guardian shall be accountable for the full value of the estate and property of his or her ward over which he or she had authority, and shall have no compensation; but the court may, upon the application of the limited guardian or guardian, excuse him or her from rendering an account in any year if satisfied that it is not necessary or expedient that it should be rendered.

(b) Notwithstanding any provision of the general laws to the contrary, no municipality, its officers, and/or employees, individually or otherwise, shall be held civilly liable for failure to monitor guardianship estates.
R.I. Gen. Laws § 33-11-30 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-30
§ 33-11-30. Notice of disallowance by executor or administrator or objection by interested party.
Status: in_force

When such disallowance is filed, the executor or administrator shall forthwith give written notice to the claimant, either personally or by registered or certified mail. When objection is filed by an interested person, the clerk shall forthwith give notice in like manner to the claimant.
R.I. Gen. Laws § 33-10-2 — RI Code / Title 33 / Chapter 33-10 / Section 33-10-2
§ 33-10-2. Property allowed not assets in hands of executor or administrator.
Status: in_force

Such part of the decedents personal property as the court shall allow to the decedents surviving spouse or family, although inventoried, shall not be assets in the hands of the decedents personal representative.
R.I. Gen. Laws § 33-15-44 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-44
§ 33-15-44. Conservator for incompetent person  Disability to contract.
Status: in_force

If a person, by reason of disability or upon his or her own election, is unable to properly care for his or her property, the probate court of the town in which he or she resides, upon his or her petition, or the petition of one or more of his or her relatives or friends, may appoint a conservator of his or her property. Upon the filing of the petition, the court shall appoint a time and place for a hearing, and shall cause at least fourteen (14) days notice of the hearing to be given to the person for whom a conservator is to be appointed if he or she is not the petitioner. If, at the hearing, it appears that the person is incapable of properly caring for his or her property, a conservator shall be appointed, who shall have the charge and management of the property of the person subject to the direction of the court. No person convicted of a felony offense involving a charge of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, burglary, breaking and entering, or any other offense involving fraud or theft shall be qualified for appointment as a conservator. The conservator may be discharged by the probate court upon the application of the ward, or otherwise, when it appears that the conservatorship is no longer necessary. After the filing of the petition, the person shall be under the same disability to contract as a person for whom an application for guardianship has been made is under by virtue of the provisions of § 33-15-13.
R.I. Gen. Laws § 33-16-35 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-35
§ 33-16-35. Severability.
Status: in_force

If any provision of this chapter or application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
R.I. Gen. Laws § 33-17-1.3 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-1.3
§ 33-17-1.3. When surety not required for guardians.
Status: in_force

(a) No surety shall be required on any bond of a guardian of the person and/or estate when the guardian is the spouse, parent, child, brother, sister, or other heir at law of the ward if the guardian demonstrates to the satisfaction of the probate court that circumstances warrant the waiver of surety and/or that no surety should be required.

(b) In making a determination as to whether surety should be required for guardians, the probate courts consideration may include, but shall not be limited to, the following:

(1) The total number of the wards heirs at law;

(2) The relationship of the wards heirs at law to one another;

(3) The extent to which there appears to be issues and/or conflicts between the wards heirs at law in regard to the guardianship, or the corresponding lack of such issues and/or conflicts; and

(4) The total size, extent, and monetary value of the wards estate.

(c) In making a determination pursuant to the provision of this section, the court may conduct any hearings that it deems appropriate. The provisions of this section shall apply to both temporary and/or full guardianships.
R.I. Gen. Laws § 33-15-15 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-15
§ 33-15-15. Exemption of welfare agencies from costs and bond.
Status: in_force

In any petition for the appointment of a limited guardian or guardian filed by the director of public welfare of any city or town or the directors of social and rehabilitative services and behavioral healthcare, developmental disabilities and hospitals or their designated agent, in which the director or agent certifies that the petition is filed for the purpose of enabling the respondent, who is without funds, to receive assistance from funds which are financed in whole or in part by federal grants, the director or his or her agent, as petitioner, shall not be required to pay court fees or to give surety on his or her bond.
R.I. Gen. Laws § 33-18-20 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-20
§ 33-18-20. Compromise of actions prosecuted or defended by interested persons  Property recovered.
Status: in_force

Courts of probate shall have the power to compromise all claims sued for or defended by any legally interested person referred to in §§ 33-18-17  33-18-19 in the same manner and to the same extent as may now be done by the probate courts with reference to claims by or against estates of deceased persons or persons under guardianship. All property obtained by an interested person for the benefit of the estate through the proceeding shall be turned over by the adverse party to the administrator, executor, or guardian, if personal property, in the same manner as all other property coming to the possession of the administrator, executor, or guardian; and shall become the property of the ward in cases of guardianship, or of the heirs at law or devisees under a will, as either may become entitled to the property, in case of real estate; the administrator, executor, or guardian being first required to furnish an additional bond to the probate court for the proper administration of personal property so obtained.
R.I. Gen. Laws § 33-3-4 — RI Code / Title 33 / Chapter 33-3 / Section 33-3-4
§ 33-3-4. Directions as to advancements.
Status: in_force

If any child or grandchild of an intestate shall have received from him or her any real or personal estate for his or her advancement, the probate court shall ascertain the amount thereof before appointing commissioners to divide the real estate, and shall, in its decree of division, direct the commissioners to deduct the amount thereof from the share of the child or grandchild.
R.I. Gen. Laws § 33-6-16 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-16
§ 33-6-16. Life estate or term for years in property consumed by use.
Status: in_force

When a testator shall by will bequeath the use for life or for a term of years of any livestock, provisions, wearing apparel, or other personal property, which will necessarily be consumed by using, the bequest shall give to the legatee an absolute estate in the property so bequeathed.
R.I. Gen. Laws § 33-6-33 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-33
§ 33-6-33. Gifts to trustee of existing trust.
Status: reserved

A devise, bequest, or appointment in a will validly executed under the provisions of this chapter may be made in form or substance to the trustee or trustees of a trust in writing executed by the testator or any other person or persons prior to and in existence at the time of the execution of the will, and identified in the will, whatever the size or character of the corpus of the trust (including an unfounded life insurance trust, although the settlor has reserved any or all rights of ownership in the insurance policies). A devise, bequest, or appointment shall not be invalid because the trust is amendable or revocable, or both, by the settlor or any other person or persons; nor because the trust instrument or any amendment thereto was not executed in the manner required for wills; nor because the trust was amended after the execution of the will. Unless the will provides otherwise, the property so devised, bequeathed or appointed shall not be deemed held under a testamentary trust, but shall become and be a part of the principal of the trust to which it is given to be administered and disposed of in accordance with the terms and provisions of the trust to which it is given, including any amendments, as it appears in writing at the death of the testator. In the event of complete termination of the trust prior to the testators death, the devise or bequest shall lapse and the appointment fail unless the will directs otherwise.
R.I. Gen. Laws § 33-22-11 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-11
§ 33-22-11. Notice by advertisement.
Status: in_force

In all cases in which notice is required and special provision is not made for it, it shall be given by advertisement of a notice once a week for at least two (2) weeks, the first advertisement to be published at least fourteen (14) days before the first of any hearing dates contained in such notice, in a newspaper printed in English and published or previously published in the county and presently distributed in the city or town or in a newspaper having general circulation within the county in which the matter is to be acted upon, as the probate court by general rule or special order may designate for that purpose; provided, however, that when a probate court shall give, or order to be given, notice by advertisement in a newspaper that has furnished the court with a definite schedule of prices for this advertising, the court shall require the cost of the advertising to be paid to the clerk of the court in advance, and the court shall pay over each month to the newspaper the sums so paid in, upon proof that the notice has been advertised as ordered; provided, however, that any advertisement affecting probate matters in the town of New Shoreham shall be given in a newspaper printed in English and published or previously published in the county and presently distributed in the counties of Washington and/or Providence.
R.I. Gen. Laws § 33-20-6 — RI Code / Title 33 / Chapter 33-20 / Section 33-20-6
§ 33-20-6. Maintenance of wife and children  Payment of debts.
Status: in_force

The probate court may authorize the receiver to apply the income of the property, and if the income is insufficient, then the property or the proceeds of any sale thereof, in payment of charges incurred, or that may be incurred, in the support and maintenance of the absentees wife and minor children and to the payment of such debts as may be proved against the absentee before the probate court.
R.I. Gen. Laws § 33-15-32 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-32
§ 33-15-32. Sale or mortgage of real estate.
Status: in_force

If the personal property in the hands of a limited guardian or guardian is insufficient to pay the debts of his or her ward, including incumbrances on the wards estate, and the expense of supporting the ward and his or her family, and if the limited guardian or guardian has authority to make decisions regarding the wards real property, the limited guardian or guardian may be authorized by the probate court to sell, or to mortgage for an amount decreed, the real property of his or her ward or any interest therein for the purpose of paying debts. A limited guardian or guardian may also be authorized to sell the real estate of his or her ward or any interest in real estate for the purpose of making a better investment or for any other proper purpose.
R.I. Gen. Laws § 33-25-2 — RI Code / Title 33 / Chapter 33-25 / Section 33-25-2
§ 33-25-2. Life estate to spouse.
Status: in_force

(a) Whenever any person shall die leaving a husband or wife surviving, the real estate owned by the decedent in fee simple at his or her death shall descend and pass to the husband or wife for his or her natural life subject, however, to any encumbrances existing at death; provided that the liability, if any, of the decedent to discharge the encumbrance or encumbrances shall not be impaired. The provisions of §§ 33-1-1 and 33-1-2 shall be subject to the provisions of this chapter and of § 33-1-6.

(b) For purposes of this section, any real estate conveyed by the decedent prior to his or her death, with or without monetary consideration, shall not be subject to the life estate granted in subsection (a) if the instrument or instruments evidencing such conveyance were recorded in the records of land evidence in the city or town where the real estate is located prior to the death of the decedent. Nothing in this section shall be construed to require that the instrument or instruments evidencing the conveyance must be recorded prior to the death of the decedent to be valid and thus not subject to the life estate contained herein.
R.I. Gen. Laws § 33-15-14 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-14
§ 33-15-14. Expense of prosecuting or defending against petition.
Status: in_force

If a limited guardian or guardian is appointed for any individual under this chapter, the court shall make an allowance to be paid by the limited guardian or guardian, for all reasonable expenses incurred in prosecuting or defending against the petition.
R.I. Gen. Laws § 33-15-16 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-16
§ 33-15-16. Guardian of estate of nonresident.
Status: in_force

The probate court of any city or town may appoint or approve a limited guardian or guardian of the estate of an individual who resides outside this state and who has an estate in the city or town and has no limited guardian or guardian in this state and who, if a resident, would meet the standards for limited guardianship or guardianship under the provisions of this chapter.
R.I. Gen. Laws § 33-12-13 — RI Code / Title 33 / Chapter 33-12 / Section 33-12-13
§ 33-12-13. Disposition of assets of nonresident.
Status: in_force

When a will is filed and recorded, or administration is granted in this state on the estate of a person who was an inhabitant of any other state, territory or district of the United States, or of a foreign country, his or her estate, real and personal, found here shall, after payment of his or her debts, be disposed of according to his or her will, if he or she left any executed according to law; otherwise, the real estate shall descend according to the laws of this state, and his or her personal estate shall be distributed and disposed of according to the laws of the state, territory, district or country of which he or she was an inhabitant.
R.I. Gen. Laws § 33-6-24 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-24
§ 33-6-24. Apportionment of share taken by pretermitted child.
Status: in_force

When a posthumous child, or a child, or the issue of a child, omitted in the will, takes under the provisions of § 33-6-23 a portion of the estate of a testator, that portion shall be taken equally from all the devisees and legatees in proportion to the value of what they respectively receive under the will, unless in consequence of a specific devise or legacy, or of some other provision of the will, a different apportionment is found necessary in order to give effect to the testators intention regarding that part of his or her estate which passes by his or her will.
R.I. Gen. Laws § 33-16-33 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-33
§ 33-16-33. Applicability of chapter to guardians appointed under other law.
Status: in_force

The provisions of this chapter relating to surety bonds and the administration of estates of wards shall apply to all income and estate as defined in § 33-16-2, whether the guardian shall have been appointed under this chapter or under any other law of this state, special or general, prior or subsequent to the enactment of this chapter.
R.I. Gen. Laws § 33-6-12 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-12
§ 33-6-12. Commencement of income estate.
Status: in_force

When an annuity or the use, rent, income, or interest of property, real or personal, is given by a will, or by an instrument in the nature of a will, to or in trust for the benefit of a person for life or until the happening of a contingent event, that person shall be entitled to receive and enjoy the same from and after the death of the testator, unless it is otherwise provided in the will or instrument.
R.I. Gen. Laws § 33-15-18.1 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-18.1
§ 33-15-18.1. Rights of persons subject to limited guardianship, guardianship and conservatorship.
Status: in_force

(a) Unless specifically authorized by court order, a limited guardian, guardian, or conservator shall not restrict a wards right of communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, or personal mail. If a ward is unable to express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then consent of the ward may be presumed based on the wards prior relationship history with the person.

(b) A limited guardian, guardian, or conservator may, for good cause shown, move the court to have restrictions placed on a persons ability to communicate, visit, or interact with a ward in accordance with subsection (c) of this section. Good cause means and includes:

(1) Whether any protective orders have been issued to protect the ward from the person seeking access to the ward;

(2) Whether abuse, neglect, or financial exploitation of the ward by the person seeking access to the ward has occurred or is likely to occur;

(3) Documented wishes of the ward to reject communication, visitation, or interaction with specific persons; or

(4) Any other factors deemed relevant by the court.

(c)(1) A court may order restrictions placed on the communications, visitations, or interactions a person may have with a ward upon a showing of good cause by the limited guardian, guardian, or conservator.

(2) In determining whether to issue an order in accordance with subsection (c)(1) of this section, the following factors shall be considered by the court:

(i) Whether any protective orders have been issued to protect the ward from the person seeking access to the ward;

(ii) Whether the person has been charged with abuse, neglect, or financial exploitation of the ward;

(iii) Whether the ward expresses a desire to communicate, visit, or interact with the person;

(iv) If the ward is unable to communicate, whether a properly executed living will, durable power of attorney, or advance directive contains a preference by the ward with regard to the persons communication, visitation, or interaction with the ward; and

(v) Any other factors deemed relevant by the court.

(3) Prior to issuing an order pursuant to subsection (c) of this section, the court shall consider the following restrictions in the order listed:

(i) Placing reasonable time, manner, or place restrictions on communication, visitation, or interaction between the ward and another person based on the history between the ward and the person or the wards wishes, or both;

(ii) Requiring that communication, visitation, or interaction between the ward and another person be supervised; or

(iii) Denying communication, visitation, or interaction between the ward and another person, provided, that, unless the court finds that the person poses a threat to the ward, supervised communication, visitation, or interaction under subsection (c)(3)(ii) of this section shall be ordered prior to the denial of any communication, visitation, or interaction.

(d)(1) If any interested person, including the ward, reasonably believes that subsection (a) of this section or an order issued pursuant to subsection (c)(1) of this section has been violated, then such person may move the court to:

(i) Require the limited guardian, guardian, or conservator to grant a person access to the ward;

(ii) Restrict, or further restrict, a persons access to the ward;

(iii) Modify the limited guardian, guardian, or conservators duties; or

(iv) Discharge and replace the limited guardian, guardian, or conservator pursuant to §33-15-18.

(2) Notwithstanding actions available to the court pursuant to subsection (d)(1) of this section, a limited guardian, guardian, or conservator who is found to be knowingly isolating a ward and who has violated subsection (a) of this section or an order issued pursuant to subsection (c) of this section shall be subject to discharge and replacement pursuant to §33-15-18.

(e)(1) Except as provided in subsection (e)(2) of this section, the court shall schedule a hearing on a motion filed pursuant to subsection (b) or (d) of this section no later than thirty (30) days after the date the motion is filed. The court may, in its discretion, order mediation to be conducted between the parties and the ward prior to the hearing. If mediation results in agreement of the parties and the ward with regard to communication, visitation, or interaction with the ward, the agreement shall be approved and memorialized in an order by the court.

(2)(i) If the motion states that the wards health is in significant decline or that the wards death may be imminent, the court shall conduct an emergency hearing as soon as practicable, but no later than ten (10) days after the motion is filed.

(ii) When a scheduling order is issued for a motion filed pursuant to subsection (e)(2)(i) of this section, the court shall also order that supervised communication, visitation, or interaction with the ward be granted during the period prior to the hearing.

(3) Notice of the hearing, a copy of the motion, and a copy of any order issued pursuant to subsection (e)(2)(ii) of this section, if applicable, shall be personally served upon the ward and any person against whom the motion is filed, and nothing in this section shall affect the wards right to appear and be heard in the proceedings.

(f)(1) The court may award the prevailing party in any action brought under this section court costs and reasonable attorneys fees; provided, however, that an award of court costs or attorneys fees shall not be paid out of the wards estate.

(2) The court, upon motion or upon its own initiative, shall impose upon a limited guardian, guardian, or conservator who is found to be knowingly isolating a ward and who has violated subsection (a) of this section or an order issued pursuant to subsection (c) of this section an appropriate sanction, including an order to pay court costs and reasonable attorneys fees of the other party or parties; provided, however, that no sanction shall be paid out of the wards estate.

(g) A limited guardian, guardian, or conservator shall promptly notify a wards closest relatives and any person designated by the ward to be notified, along with the appropriate contact information and upon the limited guardian, guardian, or conservators knowledge of such event and information, in the event:

(1) The wards residence has changed;

(2) The ward is staying at a location other than the wards residence for more than seven (7) consecutive days;

(3) The ward is admitted to or discharged from a nursing home or assisted-care living facility as defined in §§23-17-2 and 23-17.4-2;

(4) The ward is admitted to a medical facility for:

(i) Emergency care in response to a life-threatening injury or medical condition; or

(ii) Acute care; or

(iii) The ward dies, provided, that notification of the wards death shall be made in person or by telephone.

(h)(1) A limited guardian, guardian, or conservator is not required to provide notice in accordance with subsection (g) of this section if:

(i) A person who is entitled to notice under subsection (g) of this section informs the limited guardian, guardian, or conservator, in writing, that the person does not wish to receive such notice; or

(ii) The ward or a court order has expressly prohibited the limited guardian, guardian, or conservator from providing notice to the person.

(2) A limited guardian, guardian, or conservator shall not provide contact information in accordance with subsection (g) of this section if an order of protection or restraining order has been issued against the person on behalf of the ward.
R.I. Gen. Laws § 33-6-30 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-30
§ 33-6-30. Partial intestacy.
Status: in_force

All real and personal property, not devised or bequeathed in the last will and testament of any person shall be distributed in the same manner as if the person had died intestate.
R.I. Gen. Laws § 33-6-11 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-11
§ 33-6-11. Death of devisee in tail in lifetime of testator.
Status: in_force

Where any person to whom real estate shall be devised an estate tail, or an estate in quasi entail, shall die in the lifetime of the testator, leaving issue who would be inheritable under the entail, and any issue shall be living at the time of the death of the testator, the devise shall not lapse but shall take effect as if the death of the devisee had happened immediately after the death of the testator, unless a contrary intention shall appear by the will.
R.I. Gen. Laws § 33-1-10 — RI Code / Title 33 / Chapter 33-1 / Section 33-1-10
§ 33-1-10. Surplus personalty not bequeathed.
Status: in_force

The surplus of any chattels or personal estate of a deceased person, not bequeathed, after the payment of his or her just debts, funeral charges, and expenses of settling his or her estate, shall be distributed by order of the probate court which shall grant administration in the manner following:

(1) The sum of fifty thousand dollars ($50,000) from the surplus and one-half (Â½) of the remainder to the widow or surviving husband forever, if the intestate died without issue.

(2) One-half (Â½) of the surplus to the widow or surviving husband forever, if the intestate died leaving issue.

(3) The residue shall be distributed among the heirs of the intestate in the same manner real estates descend and pass by this chapter, but without having any respect to the life estate and discretionary allowance provided by §§ 33-1-5 and 33-1-6.
R.I. Gen. Laws § 33-12-8 — RI Code / Title 33 / Chapter 33-12 / Section 33-12-8
§ 33-12-8. Public or private sale of assets.
Status: in_force

Any sale of the assets of an estate by the executor or administrator shall be made at public auction, after reasonable notice of the sale, or by private sale under the advice and direction of the probate court, provided that this advice and direction shall not be required in the case of a sale at private sale by an executor or an administrator with the will annexed in the exercise of a power to sell at private sale conferred on him or her by the will. A private sale, unless authorized by the probate court or by the will, or a sale by auction improperly made, shall be deemed maladministration.
R.I. Gen. Laws § 33-9-15 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-15
§ 33-9-15. Purposes for which borrowing authorized.
Status: in_force

Borrowing may be authorized for any one or more of the following purposes:

(1) To discharge any existing lien or mortgage on the real or personal estate of the decedent;

(2) To pay the debts of the decedent;

(3) To pay the funeral expenses;

(4) To pay the charges of administration;

(5) To pay the estate, inheritance, legacy, or succession taxes;

(6) To pay the expenses of supporting the decedents family as prescribed by law;

(7) To pay the legacies under the will; and

(8) For any other purpose whatsoever which the court may approve as necessary or desirable for the protection or benefit of the estate.
R.I. Gen. Laws § 33-11-29 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-29
§ 33-11-29. Statements of contested claims against insolvent estate.
Status: in_force

At least fourteen (14) days before the first scheduled hearing date for claims in an insolvent estate as set forth in § 33-11-28, the executor or administrator shall file in the office of the probate clerk a statement disallowing claims, not previously disallowed, as he or she intends to contest, and he or she shall from time to time, and as soon as may be, file a like statement with respect to any claim thereafter filed which he or she intends to contest.
R.I. Gen. Laws § 33-15-8 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-8
§ 33-15-8. Authority of limited guardian or guardian.
Status: in_force

A limited guardian shall have only the authority as set forth by the limited guardianship order.
R.I. Gen. Laws § 33-12-14 — RI Code / Title 33 / Chapter 33-12 / Section 33-12-14
§ 33-12-14. Distribution or transfer to domiciliary executor or administrator of personalty of nonresident.
Status: in_force

Upon the settlement of the estate, and after the payment of all debts for which the estate is liable in this state, the residue of the personal estate may be distributed and disposed of in the manner provided by this chapter by the probate court; or, in the discretion of the court, it may be transmitted to the executor or administrator, if any, in the state, territory, district or country where the deceased had his or her domicile.
R.I. Gen. Laws § 33-18-18 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-18
§ 33-18-18. Intervention in proceedings by or against estate.
Status: in_force

If a suit or proceeding be pending, whether instituted by the administrator, executor, guardian, or any legally interested person, then no additional suit or proceeding shall be brought for the same cause, but the administrator, executor, guardian, or any legally interested person, may intervene in the prosecution of the suit or proceeding, upon motion, in the discretion of the court having jurisdiction of the action; and if a suit or proceeding be pending against an administrator, executor or guardian, any legally interested person may, with like consent, intervene in the defense to the suit or proceeding.
R.I. Gen. Laws § 33-5-5 — RI Code / Title 33 / Chapter 33-5 / Section 33-5-5
§ 33-5-5. Execution of will  Acknowledgment and attestation.
Status: in_force

No will shall be valid, except as provided in §§ 33-5-6 and 33-5-7, unless it shall be in writing and signed by the testator, or by some other person for him or her in his or her presence and by his or her express direction; and this signature shall be made or acknowledged by the testator in the presence of two (2) or more witnesses present at the same time, and the witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary, and no other publication shall be necessary.
R.I. Gen. Laws § 33-11-10 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-10
§ 33-11-10. Bond to cover contingent claim.
Status: in_force

If a party interested in the estate offers to give bond to the contingent creditor, with sufficient surety or sureties for the payment of the claim in case it shall be proved to be due, the probate court may accept a bond instead of requiring assets to be deposited as provided in § 33-11-9. But nothing contained in this section shall be construed to prevent any party holding the contingent claim from waiting until its right of action accrues, and then bringing suit against the heirs, devisees, legatees or next of kin, as provided in this chapter.
R.I. Gen. Laws § 33-11-34 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-34
§ 33-11-34. Interest on claims against insolvent estate.
Status: in_force

In insolvent estate cases, the probate court shall allow interest to the death of the testator or intestate on claims drawing interest, and on claims not due at the death of the testator or intestate he or she shall ascertain their value as of the date of the death of the decedent.
R.I. Gen. Laws § 33-11-1 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-1
§ 33-11-1. Computation of time.
Status: in_force

Periods of time in this chapter, where no other provision is made, shall be reckoned from the date of the first publication by the probate clerk of the notice of the qualification of the original personal representative of the decedents estate.
R.I. Gen. Laws § 33-7-26 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-26
§ 33-7-26. Proof of purported will or codicil.
Status: in_force

In the absence of objection by anyone interested in the estate of a deceased person, the probate court may admit to probate a purported will or codicil of the deceased person upon oral testimony or affidavit in the following manner:

(1) The oral testimony of any one of the subscribing witnesses as to the due execution of any purported will or codicil shall constitute sufficient evidence thereof.

(2) An affidavit by the subscribing witnesses or any one or more of them, to any purported will or codicil, executed at any time after execution of the will or codicil, whether before or after the death of the testator, before any officer authorized to administer oaths in or out of this state, stating the facts as the witnesses or witness would be required to testify to in court to prove the will or codicil, shall constitute sufficient evidence of the due execution of the purported will or codicil.

(3) An affidavit substantially in the form that follows shall be deemed to meet the requirements of subdivision (2) of this section:
R.I. Gen. Laws § 33-17-26 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-26
§ 33-17-26. Suit on bond for failure to inventory or account for property.
Status: in_force

Suit on a probate bond, except the bond authorized by § 33-17-3, may be brought whenever it shall appear that the administrator or the executor has received the personal estate of the testator or intestate and has not, after being cited by the court to do so, exhibited upon oath a particular inventory of the estate, or has refused or neglected to account upon oath for the property of the testator or intestate by him or her received.
R.I. Gen. Laws § 33-17-18 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-18
§ 33-17-18. Evidence in action by distributee.
Status: in_force

If the suit be brought by a distributee for his or her part of the personal estate, he or she shall exhibit a copy of the decree of the probate court, ascertaining its amount, and prove that he or she has made a demand therefor upon the administrator.
R.I. Gen. Laws § 33-9-2 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-2
§ 33-9-2. Wearing apparel.
Status: in_force

The wearing apparel of a deceased person, not including jewels and watches, shall not be included in the inventory nor be assets for the payment of debts, and if not bequeathed shall be distributed according to law.
R.I. Gen. Laws § 33-20-4 — RI Code / Title 33 / Chapter 33-20 / Section 33-20-4
§ 33-20-4. Show of cause against appointment of receiver  Receivers bond.
Status: in_force

Any person may appear and show cause why the prayer of the petitioner should not be granted. If a receiver is appointed, he or she shall give bond to the probate court in such sum and with such conditions as the court orders, with surety satisfactory to the court.
R.I. Gen. Laws § 33-19-25 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-25
§ 33-19-25. Compliance with legal requirements examined on settlement of fiduciarys accounts.
Status: in_force

In settling the accounts of executors, administrators, and guardians, the probate courts shall examine and adjudge whether they have complied with the law and the directions of the court in regard to the sale or mortgage of real estate.
R.I. Gen. Laws § 33-10-1 — RI Code / Title 33 / Chapter 33-10 / Section 33-10-1
§ 33-10-1. Wearing apparel and exempt personal property allowed to widow or widower and children.
Status: in_force

The wearing apparel of the surviving spouse and minor children of a decedent shall belong to them, respectively. The surviving spouse shall be entitled, individually and for the family under her or his care, to such furniture, furnishings, household effects, supplies, and, in addition thereto, such other personal property of the decedent exempt from attachment by law, as the probate court shall deem necessary, having regard to all the circumstances of the case; or, if there is no surviving spouse, the minor children shall be entitled to the furniture, furnishings, household effects, or the use thereof, in such manner as the court shall direct.
R.I. Gen. Laws § 33-15-8.1 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-8.1
§ 33-15-8.1. Temporary guardianship for specific purpose.
Status: in_force

If it is established in a proper proceeding that a basis exists for the appointment of a limited guardian or guardian as described in § 35-15-5, the court may appoint a temporary limited guardian for the specific purpose of authorizing, directing, or ratifying any transaction necessary or desirable for admission to a nursing facility, including, but not limited to, enrolling the protected person in the medicaid or general public assistance programs, in those instances where the nursing facility requires a limited guardian and the admission is in the best interest of the protected person. Prior to appointing a temporary limited guardian pursuant to this section, the court shall first make the following findings of fact:

(1) That there exists a need for a limited guardian;

(2) That no person is available to serve as full time guardian;

(3) That no financial resources are available for the protected persons use and care; and

(4) That it is necessary for proper care and treatment, that the protected person be moved to a nursing facility. The court may accept the resignation of the temporary limited guardian after the protected person has been admitted to the nursing facility and has been enrolled in the medicaid or general public assistance programs, if applicable.
R.I. Gen. Laws § 33-3-1 — RI Code / Title 33 / Chapter 33-3 / Section 33-3-1
§ 33-3-1. Power of probate court  Application for division.
Status: in_force

After payment of the debts, charges, and expenses of settling the estate of any person dying intestate, the probate court which granted administration on the estate may divide the real estate of which such intestate died seised, among the parties entitled thereto, in the proportion by law prescribed, whenever application in writing shall be made to it for such purpose by all the parties setting forth and particularly describing each parcel of the real estate.
R.I. Gen. Laws § 33-12-5 — RI Code / Title 33 / Chapter 33-12 / Section 33-12-5
§ 33-12-5. Real estate not devised applied first.
Status: in_force

Unless a different intention appear by the will, real estate not devised shall be subjected to the payment of debts and legacies, before real estate devised.
R.I. Gen. Laws § 33-23-2 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-2
§ 33-23-2. Suspension of order or decree pending appeal.
Status: in_force

If an appeal is claimed from an order or decree of a probate court, the operation of the order or decree shall be suspended, except as otherwise provided in this chapter, until the appeal is dismissed or discontinued, or the order or decree shall be finally affirmed.
R.I. Gen. Laws § 33-7-11 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-11
§ 33-7-11. Provisions of § 33-7-10 supplemental.
Status: in_force

The provisions of § 33-7-10, and the authority therein granted, shall be deemed to be supplemental to, and not in derogation of, the authority of the probate court and the superior court to act upon petitions for the probating of wills.
R.I. Gen. Laws § 33-21-3 — RI Code / Title 33 / Chapter 33-21 / Section 33-21-3
§ 33-21-3. Action for recovery of property.
Status: in_force

If any person shall appear to be in possession of any real estate of one dying without known heirs or other legal representatives as provided in § 33-21-1, and shall on request refuse to deliver or surrender possession of the real estate to the town treasurer directed as provided, the town treasurer may in his or her capacity commence and prosecute an action for the recovery of the real estate. For purposes of §§ 33-21-1 and 33-21-3  33-21-6, real estate shall not include real estate to the extent it constitutes the underlying security for any note, obligation, or other security owned by a person dying without known heirs, and the real estate to this extent shall be subject to the provisions of this chapter and chapter 21.1 of this title. The attorney general may be joined, on behalf of the state, as a party respondent in any action involving title to the real estate.
R.I. Gen. Laws § 33-9-21 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-21
§ 33-9-21. Appeals to supreme court.
Status: in_force

An appeal may be taken to the supreme court from any final order or decree of the superior court entered in any proceeding brought under the provisions of §§ 33-9-14  33-9-18 at any time within ten (10) days from the entry of the order or decree.
R.I. Gen. Laws § 33-18-28 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-28
§ 33-18-28. Decree ratifying payment or delivery by fiduciary without order.
Status: in_force

If, without an order of court, an executor, administrator, or guardian pays or delivers any money or other property in his or her hands to a legatee, distributee, or ward, and thereafter renders an account, upon oath, with a full and detailed statement, to the probate court, and after notice it appears that the person to whom the money has been paid or property delivered would have been entitled to an order of court for the payment or delivery, and that the account ought to be allowed, the probate court may make a decree, which shall have the same effect to exonerate and discharge the executor, administrator, or guardian, and his or her sureties, from further liability as if the payment or delivery had been made under a previous order of the probate court.
R.I. Gen. Laws § 33-16-19 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-19
§ 33-16-19. Grounds for removal of guardian.
Status: in_force

If any guardian shall fail to file with the court any account as required by this chapter, or by an order of the court, when any account is due or within thirty (30) days after a citation issues as provided by law, or shall fail to furnish the veterans administration a true copy of any account, petition or pleading as required by this chapter, such failure may, in the discretion of the court, be grounds for his or her removal.
R.I. Gen. Laws § 33-5-10 — RI Code / Title 33 / Chapter 33-5 / Section 33-5-10
§ 33-5-10. Methods of revoking will.
Status: in_force

No will or codicil or any part thereof shall be revoked except as provided in § 33-5-9, or by another will or codicil executed in the manner required by § 33-5-5, or by some writing declaring an intention to revoke the will and executed in the manner in which a will is required to be executed, or by burning, tearing, or otherwise destroying the will by the testator, or by some person in his or her presence and by his or her direction, with the intention of revoking the will.
R.I. Gen. Laws § 33-15-6 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-6
§ 33-15-6. Who may be appointed limited guardian or guardian.
Status: in_force

(a) The court shall not appoint as limited guardian or guardian any agency, public or private, or representative thereof, which financially benefits from providing housing, medical, or social services to the individual found to be incapacitated.

(b) Before appointing an individual or agency as limited guardian or guardian, the court shall find that the individual or agency:

(1) Has no criminal background which bears on suitability to serve as guardian;

(2) Has the capacity to manage the financial resources involved;

(3) Has the ability to meet the unique needs of the individual case; and

(4) Has the ability to meet the requirements of the law.

(c) Individuals or agencies eligible for consideration as limited guardian or guardian include, but are not limited to, the following:

(1) Relatives or friends of the individual found to be incapacitated;

(2) Banks, trust companies and other financial institutions;

(3) Nonprofit corporations organized for charitable or religious purposes (including those organized specifically to act as limited guardian or guardian) and existing under the laws of this state.

(d) The court may appoint an out of state resident as limited guardian or guardian if the court finds that the individual meets the requirements of this section.

(e) In appointing a guardian, the court shall consider the wishes expressed by the individual found to be incapacitated as to preferences among individuals eligible to serve as limited guardian or guardian who meet the requirements of this section.
R.I. Gen. Laws § 33-6-14 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-14
§ 33-6-14. Suit for recovery of income from executor.
Status: in_force

No suit for the recovery of an annuity or interest shall be brought against an executor until the expiration of one year after his or her giving bond for the discharge of his or her trust.
R.I. Gen. Laws § 33-15-45 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-45
§ 33-15-45. Conservators bond and inventory  Management and accounting.
Status: in_force

A conservator shall give bond and file inventory as is required of guardians of estates. All provisions of law relating to accounting and to the management, investment, sale, lease, or mortgage by guardians of estates shall apply to the accounting and to the management, investment, sale, lease, or mortgage of estates by conservators.
R.I. Gen. Laws § 33-15-18 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-18
§ 33-15-18. Removal of limited guardian or guardian or conservator  Resignation.
Status: in_force

(a) Removal may be requested by the ward or anyone acting on behalf of the ward, including the limited guardian, guardian or conservator. The ward may retain counsel for this purpose.

(1) The court shall remove any limited guardians, guardian or conservator appointed or approved by it upon finding that the limited guardian, guardian or conservator has not fulfilled, or is no longer able to fulfill, the duties of the appointment as set forth by the order itself and/or the limited guardianship and guardianship law.

(2) The court shall remove any limited guardian or guardian or conservator upon finding that the ward, based on a decision making assessment tool, has the capacity to make decisions regarding his or her health care, finances, residence, and/or relationships.

(b) A limited guardian or guardian or conservator may resign. The court shall accept the resignation of any limited guardian or guardian or conservator after he or she has accounted with the court for the estate of his or her ward in his or her possession and filed a report regarding the status of the ward including the wards current residence and condition.
R.I. Gen. Laws § 33-3-8 — RI Code / Title 33 / Chapter 33-3 / Section 33-3-8
§ 33-3-8. Commissioners report.
Status: in_force

The commissioners shall make report of all their proceedings under the warrant to the probate court that appointed them; which report shall be passed upon by the court after notice, and, if finally established, shall be recorded in the records of land evidence in the several towns or cities wherein any of the lands lie.
R.I. Gen. Laws § 33-9-11 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-11
§ 33-9-11. Taking possession of property by mortgage.
Status: in_force

The executor or administrator may take the surrender of, or sue in ejectment for, the seisin and possession of the real estate mortgaged as provided in § 33-9-9; in which action it shall be sufficient for him or her to declare on the seisin and possession of the testator or intestate.
R.I. Gen. Laws § 33-20-7 — RI Code / Title 33 / Chapter 33-20 / Section 33-20-7
§ 33-20-7. Compensation of and disbursements by receiver.
Status: in_force

The receiver shall be allowed such compensation and such disbursements, to be paid out of the income, property, or proceeds, as the probate court may approve.
R.I. Gen. Laws § 33-17-17 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-17
§ 33-17-17. Decree of unfaithful administration.
Status: in_force

If any executor or administrator shall neglect or refuse to raise money out of the estate by collecting debts due or by selling the personal estate, or the real estate, if need be, and has power, or can obtain leave, to sell the same, or shall neglect or refuse to pay over what he or she has in his or her hands to the several creditors of the testator or intestate whose claims have been filed and allowed or proved according to law, or shall otherwise fail to perform his or her duties as executor or administrator, and, after citation before the probate court, shall fail to show reasonable cause therefor, the court may decree that he or she is guilty of unfaithful administration; and thereupon an action may be brought upon the bond of the executor or administrator by any creditor who may have been damnified thereby.
R.I. Gen. Laws § 33-18-31 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-31
§ 33-18-31. Hearing and decree on funds, securities, or instruments for which fiduciary cannot give proper discharge  Costs and expenses  Payment or delivery by court.
Status: in_force

Upon the filing of a petition, such notice of the time and place of hearing thereon shall be given as the court shall direct; and after a hearing on the petition, the court may enter a decree granting a discharge, if it deems it proper, and thereafter the executor, administrator or guardian shall be relieved from all liability for the money, stock certificate, bond or other chose in action, and interest thereon. All costs and expenses on the petition, including expenses and counsel fees of the executor, administrator or guardian, as allowed by the court, shall be paid or retained out of the money or be a lien on any stock or chose in action and any dividend or interest payable thereon. When any person entitled to money, stock or chose in action shall appear and satisfy the court as to his or her right thereto, the same with the accumulations thereof, after deducting the expenses and counsel fees, shall be paid or delivered to him or her as the court shall direct.
R.I. Gen. Laws § 33-17-28 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-28
§ 33-17-28. Administration of amount recovered in suit for failure to inventory or account.
Status: in_force

In case of a recovery, the amount so recovered shall be deemed to be the property of the testator or intestate, and, after paying therefrom all expenses of recovery, shall be administered by a new administrator to be appointed for that purpose.
R.I. Gen. Laws § 33-15-43 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-43
§ 33-15-43. Order to resident guardian to deliver property to nonresident guardian.
Status: in_force

Whenever a nonresident guardian shall produce an exemplification, under the seal, if any there be, of the proper court in the state of his or her residence, containing all the entries in relation to his or her appointment and in relation to his or her having given bond, duly authenticated as provided in this chapter, the probate court of the proper town in this state may cause suitable orders to be made, discharging any resident guardian, executor, or administrator and authorizing the delivering and passing over of the property, and also requiring receipts to be passed and filed if deemed advisable; provided, that in all cases thirty (30) days notice shall be given to the resident guardian, executor, or administrator of the intended application for the order of removal, and the court may reject the application and refuse the order whenever it is satisfied it is for the interest of the ward, or of any other person having a right in the property that the removal shall not take place.
R.I. Gen. Laws § 33-16-28 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-28
§ 33-16-28. Effect of commitments by foreign courts.
Status: in_force

The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia committing a person to the veterans administration, or other agency of the United States government for care or treatment shall have the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order; and the courts of the committing state, or the District of Columbia, shall be deemed to have retained jurisdiction of the person committed for the purpose of inquiring into the mental condition of the person, and of determining the necessity for continuance of his or her restraint as is provided in § 33-16-27 with respect to persons committed by the courts of this state. Consent is hereby given to the application of the law of the committing state or district in respect to the authority of the chief officer of any facility of the veterans administration, or of any institution operated in this state by any other agency of the United States, to retain custody, or transfer, parole, or discharge the committed person.
R.I. Gen. Laws § 33-6-26 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-26
§ 33-6-26. Intent of testator as to apportionment of debts.
Status: in_force

In case the testator, by making a specific devise or bequest, has virtually exempted a devisee or legatee from liability to contribute with the others for the payment of debts, or if by any other provisions in his or her will he or she has prescribed or required an appropriation of his or her estate different from that prescribed in § 33-6-25, his or her property shall be appropriated and applied in conformity with the will, so far as such appropriation and application can be made without affecting the liability of his or her whole estate for the payment of his or her debts and the charges of settling his or her estate.
R.I. Gen. Laws § 33-9-4 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-4
§ 33-9-4. Appraisal of property.
Status: in_force

(a) The property comprised in the inventory shall be appraised by the executor or administrator.

(b) Upon the petition of any party in interest, the court may appoint one or more appraisers to value assets of the estate specified in the petition. The appraisers shall be sworn to the faithful discharge of their trust.
R.I. Gen. Laws § 33-16-3 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-3
§ 33-16-3. Administrator as party to guardianship proceedings  Notice.
Status: in_force

The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian, or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits before or hereafter paid by the veterans administration. Not less than fifteen (15) days prior to a hearing in this matter, notice in writing of the time and place of the hearing shall be given by mail (unless waived in writing) to the office of the veterans administration having jurisdiction over the area in which any suit or any proceeding is pending.
R.I. Gen. Laws § 33-22-28 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-28
§ 33-22-28. Name change.
Status: in_force

(a) In every petition for change of name in the probate court, the judge shall grant or deny the petition without consideration of presence or absence of spousal consent. The change of name of a person shall be granted unless such change is sought for fraudulent purposes.

(b) A person may petition to change that persons name in the probate court in the town or city where the person resides.

(c) If a petitioner is indigent, or demonstrates a limited or inability to pay, the court costs may be waived or reduced.

(d) Upon receipt of a petition to change name by an adult, the court may change the name of that adult. The court shall not require public notice or publication before approving the name change.

(e) The court may require a person seeking a name change to undergo a criminal history record check.

(f) The court shall make and preserve a record of a name change.

(g) The court shall, at the request of the person or sua sponte, order the records, including docket entries, of such name change proceedings sealed, to be opened only by order of the court for good cause shown or at the request of the person, if the court finds that an open record of the persons name change would jeopardize such persons safety based on the totality of the circumstances.

(1) For the purpose of this section, totality of the circumstances shall include, but not be limited to, a consideration of the risk of violence or discrimination against the person, including the persons status as transgender or as a survivor of domestic violence.

(2) The court shall not deny such sealing request solely on the basis that the person lacks specific instances of or a personal history of threats to their personal safety.

(h) This statute is in addition to, and not in abrogation of, the common law.
R.I. Gen. Laws § 33-8-11 — RI Code / Title 33 / Chapter 33-8 / Section 33-8-11
§ 33-8-11. Marriage of executrix or administratrix.
Status: in_force

If an unmarried woman shall be appointed an executor or administrator and thereafter shall marry, the marriage shall not make her husband an executor or administrator in her right nor disqualify her as executor or administrator.
R.I. Gen. Laws § 33-20-11 — RI Code / Title 33 / Chapter 33-20 / Section 33-20-11
§ 33-20-11. Escheat of excess funds.
Status: in_force

Any personalty remaining in the hands of the probate court under the provisions of this chapter after payment of all claims on the absentees estate, if there are no heirs or next of kin known to be surviving, shall be subject to the provisions of chapters 21 and 21.1 of this title.
R.I. Gen. Laws § 33-28-2 — RI Code / Title 33 / Chapter 33-28 / Section 33-28-2
§ 33-28-2. Right of election personal to surviving spouse  Incapacitated surviving spouse.
Status: in_force

(a) The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the probate court pursuant to § 33-28-4(a). If the election is not exercised by the surviving spouse personally, it may be exercised on the surviving spouses behalf by the surviving spouses conservator, guardian, or agent under the authority of a power of attorney.

(b) If the election is exercised on behalf of a surviving spouse who is an incapacitated person, the probate court may authorize transfer of property in kind, or payment of the value thereof, to the spouses personal representative upon such terms and conditions as the court determines to be in the spouses best interest.
R.I. Gen. Laws § 33-17-11 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-11
§ 33-17-11. Cancelation of bond  New bond.
Status: in_force

A probate court, for cause shown, may cancel the bond of an executor, administrator, or guardian so as to relieve the principal and sureties for any breach thereafter committed, and may take and accept a new and sufficient bond in its stead.
R.I. Gen. Laws § 33-14-9 — RI Code / Title 33 / Chapter 33-14 / Section 33-14-9
§ 33-14-9. Interest on unreasonable detention of money.
Status: in_force

Executors and administrators may be charged in their accounts with interest, for the unreasonable detention of money, at a rate not more than twelve percent (12%) per annum.
R.I. Gen. Laws § 33-2-8 — RI Code / Title 33 / Chapter 33-2 / Section 33-2-8
§ 33-2-8. Uniformity of construction.
Status: in_force

This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.
R.I. Gen. Laws § 33-14-5 — RI Code / Title 33 / Chapter 33-14 / Section 33-14-5
§ 33-14-5. Failure to account after citation.
Status: in_force

If an executor or administrator, after being cited, shall neglect or refuse to render an account within thirty (30) days after the time named in the citation, or such further time as the court may allow, he or she shall be held accountable for the full value of the personal property of the deceased, the proceeds of the sale of real estate, and the rents received by him or her, with interest, and shall be entitled to no compensation for his or her services.
R.I. Gen. Laws § 33-13-17 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-17
§ 33-13-17. Recovery of creditors claims  Apportionment of liability.
Status: in_force

In a case under §§ 33-13-15 and 33-13-16, the creditor shall recover his or her claim by a civil action against all persons so liable, or against any of them as are within reach of process. The court shall decide how much each one of the defendants is liable to pay towards the claim.
R.I. Gen. Laws § 33-21-4 — RI Code / Title 33 / Chapter 33-21 / Section 33-21-4
§ 33-21-4. Subjection of estate to debts of decedent.
Status: in_force

Whenever any real estate shall be taken into possession by any town treasurer pursuant to this chapter, the real estate shall be subject and liable to the payment of the debts of the deceased to whom it belonged, as liens on the property; and these liens may be established and enforced by proceedings brought by the creditors against the town as trustee, at any time within two (2) years after the town has taken possession.
R.I. Gen. Laws § 33-23-8 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-8
§ 33-23-8. Notice of appeal.
Status: in_force

(a) When a probate appeal is entered in the superior court, the appellant shall serve a true copy of the reasons of appeal by regular mail, postage prepaid, to all interested persons in the estate of the deceased or ward and to all persons who entered an appearance, pro se or through counsel, in the underlying probate proceedings. The appellant shall further notify such persons that they have the right to enter an appearance or move to intervene in the superior court probate appeal within twenty (20) days after service. The appellant shall file a certificate in the superior court that notice was given in the manner prescribed in this section and shall identify the names and addresses of the persons to whom notice was given. If an interested person fails to enter an appearance or move to intervene within twenty (20) days after notice, the superior court may entertain the appellants probate appeal without further notice to such person.

(b) The superior court may, sua sponte or on the motion of any interested party, order notice of the probate appeal advertised in a newspaper of general circulation in this state upon such terms and conditions as the court may direct.

(c) The superior court may at any time during the pendency of a probate appeal direct any additional notice or service.

(d) Any interested person in the estate of a deceased or ward may enter an appearance in the probate court or superior court and, upon doing so, is entitled to copies, at his or her own expense, of any and all filings in the estate by any party.

(e) The superior court may, upon motion, permit any interested person to intervene in a probate appeal and, upon doing so, is entitled to participate in any and all superior court proceedings concerning the appeal. The executor, administrator, guardian or other fiduciary shall automatically be a party to the superior court proceedings without motion to intervene.
R.I. Gen. Laws § 33-5-12 — RI Code / Title 33 / Chapter 33-5 / Section 33-5-12
§ 33-5-12. Wills prior to 1896.
Status: in_force

This chapter and chapter 6 of this title and the provisions thereof shall not extend to any will made and executed prior to February 1, 1896, except as to those provisions hereof which contain substantially the same provisions of any statute of this state existing at the time of the making and execution of the will and applicable thereto; but, the law in force at the time of the execution of the will made and executed prior to that date, shall govern the will. Every will which shall, on or after February 1, 1896, have been reexecuted or revived by any codicil, shall, for the purposes of this chapter and chapter 6 of this title, be deemed to have been made at the time at which the will shall have been so reexecuted or revived.
R.I. Gen. Laws § 33-15-33 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-33
§ 33-15-33. Sale of personal property.
Status: in_force

A limited guardian or guardian with authority to make decisions regarding the wards personal property may make application for the sale of the personal property of his or her ward, or any of it, for better or more advantageous investment, or for the support of the ward and the wards family, or for any other purpose beneficial to the ward, and for incidental charges. The application may be granted by the court of probate without notice. The probate court shall prescribe the manner in which the property shall be advertised and sold, and, in case of private sale, the minimum price. From the order granting the application, there shall be no appeal.
R.I. Gen. Laws § 33-13-6 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-6
§ 33-13-6. Filing of statement listing legatees  Notice.
Status: in_force

An executor may, and for cause shown shall, file within two (2) years after the date of the first publication, or any further time as the probate court may allow, and at the time during the periods as the court may direct, a statement in the office of the clerk of the probate court setting out the names of the legatees, the amounts to be paid, and the property to be turned over to them respectively, or to be held by himself or herself as trustee. Notice of the filing of the statement and of the time and place fixed by the court for hearing on the statement shall be given by advertisement at least twice each week for two (2) successive weeks in some newspaper, as ordered by the court. The probate clerk shall also give notice by registered or certified mail to all persons interested whose post office addresses are known.
R.I. Gen. Laws § 33-6-5 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-5
§ 33-6-5. Construction as to real estate within state.
Status: in_force

All questions arising as to the meaning, interpretation, or construction of a will executed outside the state, affecting real estate within this state, shall be determined according to the laws of this state.
R.I. Gen. Laws § 33-11-32 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-32
§ 33-11-32. Secured claims against insolvent estates.
Status: in_force

If a creditor, having a security for his or her claim against an insolvent estate upon any property of the estate, files his or her claim, the probate court shall inquire into the cash value of the security, and if the court allows the claim, the executor or administrator shall give the creditor personal notice of the amount allowed and the value of the security as reported by the court and unless the creditor shall, within fifteen (15) days after receiving notice, lodge with the court a certificate of his or her election to relinquish the security, he or she is entitled to a dividend from the estate upon the excess only of his or her claim above the amount of the courts valuation of the security.
R.I. Gen. Laws § 33-11-50 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-50
§ 33-11-50. Limitation of actions by creditors of decedent.
Status: in_force

No personal representative shall be held to answer to the suit of a creditor of the decedent, except to a suit on the fiduciarys bond, or as is otherwise provided, unless the suit is commenced within two (2) years from the date of the first publication and before any order of distribution has been made on the estate of the decedent.
R.I. Gen. Laws § 33-3-2 — RI Code / Title 33 / Chapter 33-3 / Section 33-3-2
§ 33-3-2. Time of proceeding  Notice.
Status: in_force

Upon the filing of such application a time shall be appointed for proceeding therein, and notice thereof shall be given, in such manner as the probate court shall appoint, to the parties in interest.
R.I. Gen. Laws § 33-16-5 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-5
§ 33-16-5. Maximum number of wards.
Status: in_force

No person other than a bank or trust company shall be a guardian of more than five (5) wards at one time, unless all the wards are members of one family. Upon presentation of a petition by an attorney of the veterans administration, or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than five (5) wards as provided in this chapter and requesting his or her discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from the guardian and shall discharge him or her from guardianships in excess of five (5) and forthwith appoint a successor.
R.I. Gen. Laws § 33-18-19 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-19
§ 33-18-19. Costs and expenses in proceeding prosecuted or intervened in by interested person.
Status: in_force

Any legally interested person instituting a suit or proceeding shall, in case of failure to prosecute the suit successfully, be entitled to no costs, and shall be personally liable to the adverse party for costs, and in no event shall those legally interested persons instituting a suit or proceeding or intervening to prosecute or defend a pending action be entitled to more than the reasonable expenses incurred by him or her in the proceedings or defense, to be allowed out of the estate of the deceased person or person under guardianship, by the court having probate jurisdiction of the estate, to be paid by the administrator, executor, or guardian; and shall not be entitled to any reimbursement for the expenses, unless the proceedings or defense, by intervention or otherwise, shall be found by the court of probate to have been necessary for the protection of the estate. In any case where additional parties intervene in the prosecution or defense of an existing suit or proceeding, the allowance made for all expenses shall not exceed such reasonable amount as the court of probate finds should have been incurred for the proper prosecution or defense of the action or proceeding.
R.I. Gen. Laws § 33-22-2 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-2
§ 33-22-2. Contents of petition for probate or administration.
Status: in_force

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.
R.I. Gen. Laws § 33-17-13 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-13
§ 33-17-13. Order to principal on bond to exhibit condition of estate.
Status: in_force

A surety, or any other person interested in a probate bond, may at any time make written application to the court for an order requiring the principal to exhibit fully before the court the condition of the estate held by him or her, so that it may be ascertained whether or not the estate is being properly managed; and thereupon the court shall cause reasonable notice of the application to be given to the principal on the bond, and if, upon hearing, the court shall find that the application is made in good faith, it shall make the order. If the principal shall refuse to obey the order, or if, upon obeying it, the court shall find that the estate is not being properly managed by him or her, it shall remove him or her and appoint a successor.
R.I. Gen. Laws § 33-15-17.1 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-17.1
§ 33-15-17.1. Notice.
Status: in_force

(a) Except for the appointment of a temporary guardian, no petition for limited guardian or guardian shall be heard and no person shall be appointed limited guardian or guardian of an individual unless notice of the petition for appointment of a limited guardian or guardian and a copy of the petition itself shall be served upon the respondent in person at least fourteen (14) days prior to any hearing on the petition. If the hearing date is continued by the probate court for any reason after service on the respondent and no objection to the petition is filed by or on behalf of the respondent, no further service on the respondent shall be required. The probate court, in its discretion, may require further notice to the respondent in such manner as prescribed by the court.

In the case of a petition for the appointment of a temporary guardian, such fourteen (14) day notice period shall be reduced to five (5) days, unless a shorter period is ordered by the court.

(b) This notice shall be in plain language, large type and shall include the time and place of the hearing, the possible loss of liberty if the petition is granted, and shall inform the respondent of his or her rights including: the court appointment of a guardian ad litem, the right to a hearing and to be present at the hearing to confront witnesses, present evidence, contest the petition, object to the appointment of a particular individual as guardian, request that limits be placed on the guardians powers, and the right to counsel. Notice shall be served upon the respondent by a process server duly authorized and licensed under Rhode Island law, except for Good Samaritan guardianships under §33-15-4.1 in which case notice may be served upon the respondent by the guardian ad litem appointed by the court (hereinafter referred to as court officer).

(c) The court officer that serves this notice shall be dressed in plain clothes. He or she shall have experience dealing with individuals who may lack decision making ability.

(d) The court officer shall present the written notice and shall also read the notice to the respondent.

(e) Except for a petition for the appointment of a temporary guardian, notice shall be given by the petitioner, or his or her attorney, at least ten (10) days before the date set for hearing on the petition by regular mail, postage prepaid, addressed to (1) the respondents spouse and heirs at law (under the rules of descent) as set forth in §33-1-1 only at their last known addresses; and (2) the administrator of any care and treatment facility where the respondent resides or receives primary services; and (3) any individual or entity known or reasonably known to the petitioner to be regularly providing protective services to the respondent. In the case of a petition for the appointment of a temporary guardian, such ten (10) day notice period is reduced to five (5) days, unless a shorter period is ordered by the court, with the petitioner required to use reasonable efforts in identifying and noticing those individuals described in the immediately preceding sentence within the limitations of investigation of identity of addresses of such individuals inherent in a temporary guardianship proceeding. The petitioner or his or her attorney, shall at or prior to the hearing file or leave to be filed an affidavit that 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, together with a copy of the notice.

(f) Should the petitioner have no knowledge of the existence or whereabouts of any of the persons required to be notified pursuant to subparagraph (e) above, an affidavit to that effect filed with the court shall satisfy this notice requirement.

(g) Notwithstanding any notice requirement of the petitioner, and except for a petition for appointment of a temporary guardian the court shall give notice of the petition by advertisement.
R.I. Gen. Laws § 33-17-3 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-3
§ 33-17-3. Bond to pay debts, legacies, and allowances.
Status: in_force

Instead of the above bond, an executor, if so authorized by the will, or if he or she be the residuary legatee of the will, may give a bond to the probate court in a sum and with surety satisfactory to the court, and with condition to pay the funeral charges, debts and legacies of the testator and any allowance as may be made by the court for the support of the widow and family of the testator. In this case, an executor shall not be required to return an inventory, and an executor who is a residuary legatee need not render an account to the probate court. The giving of bond shall not discharge the lien on the real property of the testator for the payment of his or her debts, except on any part as may be sold by his or her executor or administrator with the will annexed to a purchaser in good faith and for valuable consideration; and all property not so sold may be taken on execution by a creditor not otherwise satisfied, in like manner as if a bond had been given in the other form.
R.I. Gen. Laws § 33-20-2 — RI Code / Title 33 / Chapter 33-20 / Section 33-20-2
§ 33-20-2. Notice as to appointment of receiver.
Status: in_force

The court before appointing a receiver shall give at least thirty (30) days notice by publication in one or more newspaper published in the state, in the manner provided for petitions for appointment of administrators, and by mailing a copy of the notice to the last known address of the absentee. This notice shall be addressed to the absentee and to all persons who claim an interest in the property, and to all whom it may concern, citing them to appear at a time and place named and show cause why a receiver of the property of the absentee should not be appointed. The court may order other and further notice to be given within or outside the state.
R.I. Gen. Laws § 33-6-15 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-15
§ 33-6-15. Interest on general pecuniary legacies.
Status: in_force

Unless otherwise provided in the will, a general pecuniary legatee shall not be entitled to interest on his or her legacy for the period of one year from and after the death of the testator. After the one year period the executor or administrator with the will annexed, unless otherwise provided by the testator, shall not be chargeable for more interest on any pecuniary legacy than the entire net income actually earned by the legacy if and when left in the investment as made by the testator, or actually invested in notes secured by mortgage upon real estate situated in this state, or in the bonds of any city or town in this state, or deposited in any savings bank in this state, or in the participation account of any trust company in this state, or invested in any other manner specially ordered by the probate court. But if otherwise invested, the legacy shall bear interest at the rate of six percent (6%) per annum or such larger rate as the same may have earned; provided, however, that nothing herein contained shall authorize executors or administrators to make investments other than trustees are allowed to make, unless specially authorized by the will to do so.
R.I. Gen. Laws § 33-15-42 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-42
§ 33-15-42. Removal of property by nonresident guardian.
Status: in_force

In all cases where a guardian and his or her ward are both nonresidents in this state and the ward is entitled to property of any description in this state, the guardian, on producing satisfactory proof to the probate court of the city or town where any property is situated, by certificates duly authenticated according to an act of congress in such cases, that he or she has given bond and security in the state in which he or she and his or her ward reside in double the value of the property of the ward, and it is found that a removal of the property will not prejudice the interest of any other person in the property, then the guardian may demand, sue for, recover, and remove any property to the place of residence of himself or herself or the ward.
R.I. Gen. Laws § 33-6-4 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-4
§ 33-6-4. Executor or trustee as witness.
Status: in_force

No person shall, on account of his or her being an executor of, or trustee under, a will, be incompetent to be admitted a witness to prove the execution of the will or codicil, or to prove the validity or invalidity thereof.
R.I. Gen. Laws § 33-11-11 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-11
§ 33-11-11. Provision for payment of contingent claim not conclusive as to validity  Restrictions on action to enforce claim.
Status: in_force

The decision of the probate court as to depositing assets or giving bond upon the contingent claim of a creditor shall not be conclusive as to the validity of the claim against the personal representative or other party interested to oppose the allowance thereof; and the personal representative shall not be compelled to pay the claim, unless it is proved to be due in an action commenced by the claimant within one year after its claim becomes payable. In case of suit against the personal representative, recovery shall be limited to the assets in the registry of the court deposited as provided in § 33-11-9.
R.I. Gen. Laws § 33-18-3 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-3
§ 33-18-3. Citation in action to remove fiduciary.
Status: in_force

Whenever complaint shall be made by any person interested in the estate, or by any creditor, or by the surety on the bond of any executor, administrator or guardian, for the removal of an executor, administrator or guardian, a citation shall issue to the executor, administrator or guardian, embodying the substance of the complaint, or with a copy of the complaint annexed, which citation shall be in the form, and shall be served, as provided in § 33-22-12.
R.I. Gen. Laws § 33-8-5 — RI Code / Title 33 / Chapter 33-8 / Section 33-8-5
§ 33-8-5. Powers of surviving and qualifying joint executors  Filling of vacancies.
Status: in_force

If a testator shall appoint more than one executor of his or her will, and any of them die or do not qualify, or, having qualified, shall die, resign, or be removed, or become incapable of acting, those who for the time being are qualified to act shall, unless otherwise provided in the will, have the same power and authority as is given by the will to the executors named therein; provided, that, upon the petition of any party in interest, the probate court may appoint an administrator with the will annexed to fill the vacancy, in which case the probate court shall also grant letters of administration to the administrator with the will annexed if he or she shall qualify and the administrator with the will annexed shall have the same power and authority as is given by the will to the executor in whose place he or she is appointed, unless the will contains an express provision contrary thereto.
R.I. Gen. Laws § 33-16-8 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-8
§ 33-16-8. Additional facts shown by petition  Selection of guardian.
Status: in_force

The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation and address of the proposed guardian, and if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual, a bank, or trust company as guardian, if the court determines it is for the best interest of the ward.
R.I. Gen. Laws § 33-22-9 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-9
§ 33-22-9. Notice of account containing credit for sale or mortgage of real estate.
Status: in_force

Whenever the account of any executor, administrator or guardian contains a credit of the proceeds of any sale or mortgage of real estate, or of any interest therein, the notice given before the settling of this account shall state that the account contains the credit.
R.I. Gen. Laws § 33-22-26 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-26
§ 33-22-26. Cost and fees in contested and appealed cases  Persons deemed parties of record.
Status: in_force

In cases contested before a probate court or on appeal from the probate court, costs and reasonable attorneys fees in the discretion of the court may be awarded to either party to be paid by the other, or to either or both parties to be paid out of the estate which is the subject of the controversy, as justice may require. Any person petitioning or objecting to a petition shall be deemed to be a party of record in the matter in which he or she appears.
R.I. Gen. Laws § 33-21A-3 — RI Code / Title 33 / Chapter 33-21A / Section 33-21A-3
§ 33-21A-3. Proceeding to adjudicate escheat.
Status: in_force

(a) The general treasurer may bring proceedings in the superior court for Providence and Bristol counties to escheat unclaimed postal savings system accounts held by the United States treasury department. A single proceeding may be used to escheat as many accounts as may be available for escheat at one time.

(b) If the superior court shall find that the notice required by § 33-21A-4 has been duly given not less than twenty (20) days prior to the date of hearing and that no claim to an account has been made (which findings may be supported solely by the affidavit of the general treasurer), then it shall enter a final judgment of escheat against the account. A single final judgment may include more than one account.
R.I. Gen. Laws § 33-18-4 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-4
§ 33-18-4. Resignation of fiduciary.
Status: in_force

Whenever an executor, administrator, or guardian shall in writing resign his or her trust to the probate court having jurisdiction of the estate, the court may accept the resignation and, upon petition, appoint a successor, who shall have all the power that the person resigning had unless provision to the contrary is made by will; but no resignation shall be accepted until the person resigning shall have settled his or her accounts with the court.
R.I. Gen. Laws § 33-13-20 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-20
§ 33-13-20. Indemnity between heirs, next of kin, legatees, and devisees.
Status: in_force

If, in consequence of insolvency, absence, or other cause, a person liable for a claim fails to pay his or her just proportion of the claim to the creditor, he or she shall be liable to indemnify all who pay more than their just proportion of the claim. This indemnity may be recovered at their election by all of them jointly, or in separate proceedings by one or more of them for his, hers, or their parts respectively.
R.I. Gen. Laws § 33-19-13 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-13
§ 33-19-13. Laying out of roads and platting of land.
Status: in_force

Probate courts shall also have the power to grant petitions of executors, administrators, or guardians for leave to lay out, make, or dedicate highways, streets, or gangways upon lands of the deceased or ward, and to plat those lands into house lots, with streets, gangways, or open spaces: (1) in the case of executors or administrators, as preliminary to the sales of lands of the deceased, and (2) in the case of guardians, either as preliminary to the sale or as beneficial to the estate of the ward; provided, that no petition shall be granted except upon notice, as the court may require, and upon proof that the action will be beneficial to the estate.
R.I. Gen. Laws § 33-3-10 — RI Code / Title 33 / Chapter 33-3 / Section 33-3-10
§ 33-3-10. Real estate not disposed of by will.
Status: in_force

Whenever any person shall die leaving a last will and testament duly executed, and shall at the time of his or her decease be seised of any real estate not disposed of by the will, the estate shall be divided among the heirs at law of the deceased in the same manner as though he or she had left no will.
R.I. Gen. Laws § 33-13-14 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-14
§ 33-13-14. Liability of heirs, next of kin, devisees, and legatees for debts.
Status: in_force

After the settlement of an estate by an executor or administrator, and after the expiration of six (6) months from the date of the first publication of the notice of his or her qualification by the first executor or administrator, the heirs, next of kin, devisees, and legatees of the deceased shall be liable, in the manner provided in the following sections, for all debts for which suits could not have been brought against the executor or administrator and for which provision is not made under the preceding sections of this chapter or chapters 11 and 12 of this title.
R.I. Gen. Laws § 33-7-25 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-25
§ 33-7-25. Original probate of foreign wills.
Status: in_force

(a) The will of a nondomiciliary which upon probate may operate upon any property in the state and which is executed in the same manner as is prescribed for the execution of wills of Rhode Island residents under the laws of this state may be admitted to original probate in any probate court of this state in the same manner as any other will.

(b) A will which has been admitted to probate or established in the testators domicile shall not later be admitted to original probate in this state except:

(1) In a case where the court is satisfied that ancillary probate would be unduly expensive, inconvenient, or impossible under the circumstances;

(2) Where the testator has directed in the will that it shall be offered for probate in this state; or

(3) Where the laws of the testators domicile discriminate against domiciliaries of this state either as a beneficiary or as a fiduciary.

(c) A will which by judgment or decree of a court of competent jurisdiction in the testators domicile has been denied probate or establishment shall not be admitted in this state except where denial of probate or establishment is solely for a cause which is not grounds for rejection of a will of a testator domiciled in this state.
R.I. Gen. Laws § 33-13-10 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-10
§ 33-13-10. Action for an accounting brought by residuary legatee.
Status: in_force

An executor, being a residuary legatee, may bring an action for an accounting against his or her co-executor concerning the estate in his or her hands, and for his or her part thereof, and every other residuary legatee shall have the like remedy against an executor or administrator with the will annexed; but in both cases without prejudice to any other remedies.
R.I. Gen. Laws § 33-15-1 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-1
§ 33-15-1. Legislative intent.
Status: in_force

The legislature finds that adjudicating a person totally incapacitated and in need of a guardian deprives that person of all his or her civil and legal rights and that this deprivation may be unnecessary. The legislature further finds that it is desirable to make available, the least restrictive form of guardianship to assist persons who are only partially incapable of caring for their needs. Recognizing that every individual has unique needs and differing abilities, the legislature declares that it is the purpose of this act to promote the public welfare by establishing a system that permits incapacitated persons to participate as fully as possible in all decisions affecting them; that assists such persons in meeting the essential requirements for their physical health and safety, in protecting their rights, in managing their financial resources, and developing or regaining their abilities to the maximum extent possible; and that accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in his or her own behalf. This chapter shall be liberally construed to accomplish this purpose.
R.I. Gen. Laws § 33-19-27 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-27
§ 33-19-27. Sale, lease, or mortgage by foreign guardian of nonresident ward.
Status: in_force

If any person who resides out of the state, but within the United States, is under guardianship in the state, territory, or district where he or she resides, and has no guardian appointed in this state, the foreign guardian may file a copy of his or her appointment, duly authenticated according to an act of congress in those cases, in the probate court of any town or city in this state in which there is real estate of the ward. After filing and upon petition to the probate court, he or she may be authorized to sell, mortgage, or lease the real estate of the ward in any town or city, for the purposes, in the manner, after like notice, and upon the terms provided in this chapter in case of sale, mortgage, or lease, by a guardian appointed in this state.
R.I. Gen. Laws § 33-8-8 — RI Code / Title 33 / Chapter 33-8 / Section 33-8-8
§ 33-8-8. Administration of intestate estate.
Status: in_force

Administration of the estate of a person dying intestate shall be granted as follows:

(1) To the widow or surviving husband or one or more of the next of kin, or to the widow or surviving husband jointly with one or more of the next of kin, they being suitable persons and competent.

(2) If the widow or surviving husband and the next of kin shall neglect to apply for letters of administration within thirty (30) days after the decease of a person intestate, or shall be unsuitable for the discharge of the trust, or renounce the administration, the probate court may, on petition therefor of some party in interest, grant administration to any suitable person.
R.I. Gen. Laws § 33-17-21 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-21
§ 33-17-21. Addition of parties to suit for forfeiture.
Status: in_force

During the pendency of a forfeiture suit, the court may, on motion, permit any person interested to become a party to the suit by indorsing his or her name on the writ, and by giving surety for costs, if required; and thereupon the person shall have the same rights and be subject to the same liabilities as if his or her name had been indorsed upon the writ before the service thereof.
R.I. Gen. Laws § 33-12-4 — RI Code / Title 33 / Chapter 33-12 / Section 33-12-4
§ 33-12-4. Sale or mortgage of real estate when personalty insufficient.
Status: in_force

If the personal property of a deceased person is insufficient to pay his or her debts, funeral expenses, charges of administration, and the expense of supporting his or her family, as prescribed by law, and the legacies as are expressly or impliedly charged upon the real estate, his or her executor or administrator shall sell or mortgage for an amount decreed, in the manner provided in this chapter, so much of his or her real estate or of any interest in the real estate as may be subject to and required for the purpose of payments.
R.I. Gen. Laws § 33-18-10 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-10
§ 33-18-10. Appointment of agent by fiduciary removing from state.
Status: in_force

Every executor, administrator, or guardian appointed in this state but who thereafter leaves the state shall in writing appoint a like agent with like stipulations, and shall cause the writing to be filed in the office of the clerk of the probate court which appointed him or her.
R.I. Gen. Laws § 33-16-21 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-21
§ 33-16-21. Investments.
Status: in_force

Every guardian shall invest the surplus funds of his or her wards estate in securities or property as authorized under the laws of this state, but only upon prior order of the court; except that the funds may be invested, without prior court authorization, in direct unconditional interest bearing obligations of this state or of the United States and in obligations the interest and principal of which are unconditionally guaranteed by the United States. A signed duplicate or certified copy of the petition for authority to invest shall be furnished the proper office of the veterans administration, and notice of a hearing on investments shall be given the office as provided in the case of hearing on a guardians account.
R.I. Gen. Laws § 33-7-21 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-21
§ 33-7-21. Effect of recording of foreign will  Granting of letters.
Status: in_force

Whenever a copy of any will which has been finally proved and allowed in any probate court in any territory, district, or state of the United States, or in any foreign country, shall be finally ordered to be filed and recorded in a probate court in this state pursuant to §§ 33-7-18 to 33-7-20, the filing and recording of the will shall be of the same force and effect as if the will had been originally proved and allowed in this state, subject to the provisos in § 33-7-20; and the probate court in which the copy of the foreign will is ordered to be filed and recorded may grant letters testamentary to the named executor, or letters of administration with the will annexed to a person as the court may deem fit, taking bond from the executor or person as in case of a will proved and allowed in the probate court.
R.I. Gen. Laws § 33-16-4 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-4
§ 33-16-4. Appointments governed by chapter.
Status: in_force

Whenever, pursuant to any law of the United States or regulation of the veterans administration, it is necessary, prior to the payment of benefits, that a guardian be appointed, the appointment may be made in the manner provided in this chapter.
R.I. Gen. Laws § 33-9-7 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-7
§ 33-9-7. Continuation of decedents business.
Status: in_force

Executors and administrators may be authorized by the probate court before which the estate is in settlement to work up and complete any stock and materials in an unfinished state, or to continue any business of the decedent so far as may be expedient for the prudent winding up of the business, if the court shall find that it will be for the interest of the estate.
R.I. Gen. Laws § 33-15-21 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-21
§ 33-15-21. Demands payable in future.
Status: in_force

All legal demands against the ward, although due at a future day, may be filed and be payable with other claims, deducting interest for the anticipated payment.
R.I. Gen. Laws § 33-9-10 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-10
§ 33-9-10. Sale of mortgage and debt.
Status: in_force

The executor or administrator may sell the mortgage and the debt secured thereby in his or her discretion for the amount due thereon, and may sell the mortgage and the debt for a less amount upon obtaining the advice and direction therefor of the probate court upon a petition filed for that purpose.
R.I. Gen. Laws § 33-5-4 — RI Code / Title 33 / Chapter 33-5 / Section 33-5-4
§ 33-5-4. Nomination of guardian by will.
Status: in_force

Every person authorized by law to make a will may nominate by the persons will a guardian or guardians for the persons children during their minority, and a successor guardian or guardians for persons with intellectual or developmental disabilities as defined in chapter 22 of title 40.1 for whom the person had been appointed guardian during the persons lifetime, and the probate court shall appoint the guardian or guardians unless good cause be shown to the contrary; provided, that, in the case of husband and wife, the survivor, being otherwise qualified, shall be the guardian of their children.
R.I. Gen. Laws § 33-12-1 — RI Code / Title 33 / Chapter 33-12 / Section 33-12-1
§ 33-12-1. Estate chargeable with debts.
Status: in_force

The estate, real and personal, of every deceased person shall be chargeable with the expenses of administration, including allowances to widow and family, the funeral charges of the deceased, including the cost of a place of burial, if necessary, and the payment of his or her debts; and the same shall be paid by the executor or administrator out of the estate, so far as the same shall be sufficient therefor.
R.I. Gen. Laws § 33-6-17 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-17
§ 33-6-17. General devises and bequests.
Status: in_force

A general devise of the real estate of the testator, or of the real estate of the testator in any place or in the occupation of any person mentioned in his or her will, or otherwise described in a general manner, shall be construed to include any real estate or any real estate to which the description shall extend, as the case may be, which he or she may have power to appoint in any manner he or she may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will. In like manner, a bequest of the personal estate of the testator or any bequest of personal property described in a general manner shall be construed to include any personal estate or any personal estate to which the description shall extend, as the case may be, which he or she may have power to appoint in any manner he or she may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will.
R.I. Gen. Laws § 33-13-7 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-7
§ 33-13-7. Approval of statement listing legatees  Order to pay legacies.
Status: in_force

Upon a hearing on the statement, the court shall approve the statement as filed, or shall amend and approve the same as amended, and shall enter its order directing the payment and satisfaction of the legacies. If an appeal is taken, the probate court may order the payment and satisfaction of legacies not affected by the appeal.
R.I. Gen. Laws § 33-13-5 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-5
§ 33-13-5. Payment of legacy on giving of indemnity bond.
Status: in_force

When an executor or administrator, after having given bond for the discharge of his or her trust, is requested by a legatee to make payment in whole or in part of a legacy, the probate court, if the executor or administrator consents, may require that the legatee shall first give bond to the executor or administrator, with surety or sureties to be approved by the court, and conditioned to refund the amount to be paid, or so much thereof as may be necessary to satisfy any demands that may be afterwards recovered against the estate of the deceased, and so indemnify the executor or administrator against all other loss and damage on account of the payment.
R.I. Gen. Laws § 33-5-6 — RI Code / Title 33 / Chapter 33-5 / Section 33-5-6
§ 33-5-6. Persons in military service  Sailors.
Status: in_force

Any soldier or airman in actual military service, or any mariner or sailor at sea, may dispose of his or her personal estate by will as he or she might heretofore have done.
R.I. Gen. Laws § 33-7-7 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-7
§ 33-7-7. Penalty for theft, destruction, or concealment of will.
Status: in_force

Any person who shall either during the life of the testator or after his or her death steal or for any fraudulent purpose destroy or conceal any will or other testamentary instrument, either before or after probate, shall be imprisoned in the adult correctional institutions for a term of not more than five (5) years, and in any complaint, information, or indictment for the offense it shall not be necessary to allege that the will, codicil, or other instrument is the property of any person or that it is of any value.
R.I. Gen. Laws § 33-9-20 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-20
§ 33-9-20. Representation of contingent interests and persons non sui juris.
Status: in_force

Whenever in any proceeding under §§ 33-9-14  33-9-18 there are contingent interests of persons not in being or not ascertainable or interests of persons non sui juris, the court may appoint a person to represent the contingent interests or a guardian ad litem to represent the interests of persons non sui juris, and in case of that representation the decree entered in the proceeding shall bind all interests.
R.I. Gen. Laws § 33-1-8 — RI Code / Title 33 / Chapter 33-1 / Section 33-1-8
§ 33-1-8. Children born out of wedlock.
Status: in_force

A child born out of wedlock shall be capable of inheriting or transmitting inheritance on the part of his or her mother and father in like manner as if born in lawful wedlock. Any such child whose parents shall lawfully intermarry and shall acknowledge him or her as their child shall be deemed legitimate.
R.I. Gen. Laws § 33-21A-5 — RI Code / Title 33 / Chapter 33-21A / Section 33-21A-5
§ 33-21A-5. Collection and deposit of funds.
Status: in_force

The general treasurer shall present a copy of each final judgment of escheat to the United States treasury department for payment of the principal due and the interest computed under regulations of the United States treasury department. The payment received shall be deposited in the general funds of the state.
R.I. Gen. Laws § 33-23-18 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-18
§ 33-23-18. Affirmance, reversal, or entry of new decree.
Status: in_force

The superior court may, upon appeal, affirm or reverse, in whole or in part, any order or decree of a probate court, and may enter such decrees as the probate court ought to have entered and may remand the case for further proceedings, with or without instructions, to the probate court.
R.I. Gen. Laws § 33-13-16 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-16
§ 33-13-16. Liability of estate of heir, next of kin, devisee, or legatee for creditors claim.
Status: in_force

If an heir, next of kin, devisee, or legatee dies, without having paid his or her just proportion of the claim, his or her estate shall be liable therefor, as for his or her own debt, to the extent to which he or she would have been liable if living.
R.I. Gen. Laws § 33-16-18 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-18
§ 33-16-18. Accounting for property other than from veterans administration.
Status: in_force

If the guardian is accountable for property derived from sources other than the veterans administration, he or she shall be accountable as is or may be required under the applicable law of this state pertaining to the property of minors or persons of unsound mind who are not beneficiaries of the veterans administration, and as to any other property shall be entitled to the compensation provided by law. The account for other property may be combined with the account filed in accordance with § 33-16-15.
R.I. Gen. Laws § 33-13-11 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-11
§ 33-13-11. Time when order of distribution allowed.
Status: in_force

At any time after six (6) months from the date of the first publication of the notice of the qualification of the first administrator, a probate court may make an order of distribution, if it shall appear to the satisfaction of the court that the administrator has paid all claims that have been filed and allowed or proved.
R.I. Gen. Laws § 33-22-20 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-20
§ 33-22-20. Deposit of money paid into registry.
Status: in_force

Whenever money is directed to be paid into the registry of the probate court, the court shall forthwith deposit the money in one of the institutions for savings or in one of the trust companies of this state. This deposit shall be made in the name of the probate court and shall be subject to the order of the court.
R.I. Gen. Laws § 33-9-26 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-26
§ 33-9-26. Liability of executor in own wrong.
Status: in_force

Any person who shall embezzle or shall, without being thereto authorized by law, injuriously intermeddle with any personal property of a deceased person shall be liable as an executor in his or her own wrong to the creditors and other persons aggrieved.
R.I. Gen. Laws § 33-11-28 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-28
§ 33-11-28. Notice of hearings on insolvent estates.
Status: in_force

In all insolvent estates, the probate court shall advertise notice of its hearings in one or more newspapers published in this state, as ordered by the court, at least once each week for two (2) successive weeks before the hearing. The court shall, by mail or otherwise, give to all creditors whose claims are disallowed at least seven (7) days written notice of the times and places of the hearings.
R.I. Gen. Laws § 33-12-7 — RI Code / Title 33 / Chapter 33-12 / Section 33-12-7
§ 33-12-7. Powers of temporary executors and administrators with will annexed over realty.
Status: in_force

Executors for the time being, or administrators with the will annexed, shall have the same powers to sell, lease, mortgage, or make conveyances of real estate as are given by will to the original executors, unless these powers are expressly given to the executors as individuals apart from the office, or unless provision to the contrary be made in the will.
R.I. Gen. Laws § 33-15-20 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-20
§ 33-15-20. Statements of claims against estate.
Status: in_force

Creditors of a ward shall file statements of their claims in the office of the probate clerk. Those claims filed within six (6) months, if allowed or proved, shall be preferred in payment over all claims subsequently filed. Claims filed after six (6) months shall be payable only out of the surplus property remaining in the hands of the limited guardian or guardian after paying claims filed within the time and all expenses and all allowances made by the court.
R.I. Gen. Laws § 33-15-3 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-3
§ 33-15-3. Power of probate court to appoint limited guardians or guardians.
Status: in_force

Pursuant to the provisions of this chapter, the probate court in each city or town shall have the power to appoint or approve limited guardians or guardians of individuals who shall reside or have a legal settlement within the city or town, and of individuals who reside outside this state and have an estate within the city or town.
R.I. Gen. Laws § 33-15-37 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-37
§ 33-15-37. Support of dependents for whom ward has no legal obligation to provide.
Status: in_force

Whenever a limited guardian or guardian or a conservator of the estate of any person is appointed by any court in this state and the person has, prior to the appointment of the limited guardian or guardian or conservator, provided for any other person out of his or her estate, whom the ward was not under legal obligations to support or provide for, and where it appears that the ward would have continued support or provision if the limited guardian or guardian or conservator had not been appointed, the superior or probate court, upon complaint filed by the person who received the support or provision or by the limited guardian or guardian or conservator, may authorize the limited guardian or guardian or conservator to continue to make allowances out of the estate of the ward, as the court in its sound discretion deems the ward would have made if a limited guardian or guardian or conservator had not been appointed. Provided, however, that the court shall not exercise this power in cases where the ward has prior to the appointment of a limited guardian or guardian or conservator expressly declared or requested that these powers shall not be exercised by the court. In granting the authority, the court may impose conditions or restrictions and, give such directions as it may deem advisable.
R.I. Gen. Laws § 33-3-9 — RI Code / Title 33 / Chapter 33-3 / Section 33-3-9
§ 33-3-9. Representation of infants and persons non compos mentis.
Status: in_force

In case any infant or person non compos mentis shall be interested in the partition of any estate as provided in § 33-3-3, the application for the same shall be made and signed by his or her guardian, if he or she has one, otherwise by his or her guardian ad litem appointed by the court, whose acts in the premises shall be conclusive on such infant or person non compos mentis.
R.I. Gen. Laws § 33-22-13 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-13
§ 33-22-13. Advertisement in foreign language newspaper or other notice.
Status: in_force

The court may also, in addition to the foregoing modes, order notice by advertisement in a newspaper published in other than the English language, or in such other manner as the case may require.
R.I. Gen. Laws § 33-6-3 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-3
§ 33-6-3. Death of attesting beneficiary in lifetime of testator.
Status: in_force

In case any devisee or legatee who shall attest the execution of any will or codicil which shall hereafter be made shall die in the lifetime of the testator or before the probate of the will, the devisee or legatee shall be deemed to have been a legal witness to the execution of the will or codicil within the intent of this chapter, notwithstanding the devise or legacy.
R.I. Gen. Laws § 33-22-12 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-12
§ 33-22-12. Notice by service or mail.
Status: in_force

Notice may also be given, in addition to the foregoing, in any one of the following modes:

(1) By causing a citation to be served, if within this state, by a deputy sheriff, town sergeant, or constable, and, if outside the state, by some disinterested person, upon all known parties interested, at least seven (7) days before proceeding. The citation shall give notice of the subject matter of the proceeding and of the time and place thereof, and shall be served by reading the citation to each of the parties or by leaving an attested copy of the citation with him or her or at his or her last and usual place of abode with some person living there. If service is made outside the state, the person making the service shall make return under oath of the manner in which, the time when, and the place where service was made.

(2) By mailing notice to all persons interested whose post office addresses are known.
R.I. Gen. Laws § 33-18-14 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-14
§ 33-18-14. Service of process on fiduciarys agent.
Status: in_force

Service of any legal process upon an agent appointed under §§ 33-18-9  33-18-12 shall be of the same legal effect as if made upon his or her principal in this state.
R.I. Gen. Laws § 33-3-3 — RI Code / Title 33 / Chapter 33-3 / Section 33-3-3
§ 33-3-3. Decree determining parties entitled  Appointment of commissioners.
Status: in_force

At the time appointed, the court shall by decree determine who are the parties entitled to a share of the intestates estate, the amount of advancement made by the intestate to any of the parties, and the share to which each of the parties is entitled out of the real estate; and shall thereupon appoint three (3) discreet and disinterested persons, residing in any of the towns wherein the lands to be divided lie, as commissioners to make partition thereof according to the decree.
R.I. Gen. Laws § 33-7-5 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-5
§ 33-7-5. Duty of person in possession of will to deliver into court.
Status: in_force

(a) Every person, other than a probate clerk, who has custody of a will shall, within thirty (30) days after notice of the death of the testator, deliver the will into the probate court which has jurisdiction of the probate thereof, or to the executors named in the will, who shall themselves deliver it into court within thirty (30) days after they receive the will; and if any executor or other person neglects, without reasonable cause, to deliver a will, after being duly cited for that purpose by the court, he or she may be adjudged to be in contempt and may be committed therefor to the adult correctional institutions and shall remain there until he or she delivers the will to the court; and he or she shall be further liable, to any party aggrieved, for the damage sustained by reason of the neglect.

(b) Provided further, that a fiduciary nominated in a will may deliver such will to the probate court with an affidavit containing the following information, representations, and documentation:

(1) The date of death of the decedent accompanied by a certified copy of the decedents death certificate;

(2) A representative that the funeral bill of the decedent has been paid, accompanied by a receipt therefor;

(3) The names and addresses of the heirs-at-law of the decedent at the decedents date of death; and

(4) A representation that the affiant has received no notice of the issuance of letters testamentary or letters of administration regarding the estate of the decedent, and that there are no assets of the decedent subject to probate. Upon receipt of such will and affidavit the probate clerk, upon being paid a fee of thirty dollars ($30.00), shall receive and keep the will and accompanying affidavit and shall give a receipt of the deposit thereof.
R.I. Gen. Laws § 33-17-10 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-10
§ 33-17-10. Requiring further bond or sureties.
Status: in_force

(a) If a bond given to a probate court is insufficient either in amount or security, the court shall require further bond, surety, or sureties of the executor, administrator, or guardian, and on his or her neglect or refusal to give further bond or sureties within the time fixed by the court, the court shall remove the executor, administrator, or guardian without further notice, and appoint an administrator or guardian, respectively, to succeed him or her.

(b) In the event a probate court requires: (a) a fiduciary to file a bond with surety, and the amount is subsequently ordered to be increased; or (b) in the event a bond with surety is ordered for a temporary guardian, and the bond is ordered to be increased upon the entry/appointment of a permanent guardianship, the court may order the same bond to remain in effect and to be increased in an appropriate amount, as necessary.
R.I. Gen. Laws § 33-15-35 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-35
§ 33-15-35. Investment of surplus funds  Relief from bond requirements.
Status: in_force

Limited guardians or guardians may be authorized to invest any money in their hands, not needed for the payment of debts, or for the support, or education of their wards, in notes secured by mortgage upon unincumbered, improved real estate situated in this state, or in the bonds or other indebtedness of the United States or of this state, or in the bonds or notes of any city or town in this state, or in the stock of any domestic building and loan association or federal savings and loan association doing business in this state approved by the probate court, or to make deposits of money in any savings bank or trust company in this state approved by the probate court, as he or she shall deem best for the interest of his or her ward. Limited guardians or guardians may also, under the direction of the probate court, invest any money in real estate or bank stocks in this state or in any other safe income producing securities as the probate court may approve; and if a limited guardian or guardian has so deposited any money in any savings bank or trust company or invested money in stock of any association and deposited with the clerk of the probate court the savings bankbook, share certificate or other evidence of deposit or investment, to be held subject to the order of the court, the probate court in its discretion may relieve the limited guardian or guardian of the requirement of surety on his or her bond if the deposit or investment is not in excess of ten thousand dollars ($10,000) and constitutes all of the property of his or her ward, or if there be other property, reduce the amount of his or her bond by the amount of the deposit or investment, but by not in excess of ten thousand dollars ($10,000).
R.I. Gen. Laws § 33-11-13 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-13
§ 33-11-13. Pleadings in action on bond for contingent claim.
Status: in_force

If the action is brought on a bond, the plaintiff shall set forth his or her original cause of action against the decedent in like manner as would be required upon the same demand against the personal representative, and may allege the nonpayment of the demand as a breach of the condition of the bond; and the defendant may answer any matter of defense that would be available in law against the demand if prosecuted in the usual manner against the personal representative.
R.I. Gen. Laws § 33-7-20 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-20
§ 33-7-20. Order approving foreign will  Effect on real estate titles.
Status: in_force

If, at the hearing, no sufficient cause is shown to the contrary, the court may order the copy to be placed on file and recorded; provided, however, that, as to real estate in towns other than that in which the copy is filed and recorded, the title shall not pass, for the purposes of conveyance by the devisee, until a certified copy is recorded in the records of land evidence in any other town or city in which any real estate is situated; and provided, further, that when any copy is duly filed and recorded as aforesaid, title to lands devised by the will shall relate back to the death of the testator.
R.I. Gen. Laws § 33-19-23 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-23
§ 33-19-23. Surplus real estate proceeds distributed as real estate.
Status: in_force

Surplus proceeds arising from the sale or mortgage of the real estate of a deceased person by an executor or administrator, or from the sale or mortgage of the real estate of a ward by his or her guardian, remaining on the settlement of the final account of the executor, administrator or guardian, shall be considered as real estate, and shall pass to, or be distributed in the same proportions among, the same persons who would have taken the real estate if it had not been sold or mortgaged.
R.I. Gen. Laws § 33-15-2 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-2
§ 33-15-2. Petition for appointment of a limited guardian or guardian.
Status: in_force

Any person may file with the probate court clerk, in the city or town where the proposed ward resides or where an out of state proposed ward has property, a verified petition for the appointment of a guardian. The petition shall state the following information known to the petitioner:

(1) The name, age, and post office address of the proposed ward;

(2) That, based on a decision making assessment tool which reflects the proposed wards current level of decision making ability:

(i) The proposed ward needs a limited guardian to provide assistance with decision making in the areas of financial, health care, residential and/or relationship matters; or

(ii) The proposed ward needs a full guardian to provide assistance with decision making in all areas;

(3) The guardianship powers being requested;

(4) The steps which have been taken to utilize less restrictive alternatives to guardianship; and,

(5) The qualifications of the individual proposed to serve as limited guardian or guardian.
R.I. Gen. Laws § 33-21-1 — RI Code / Title 33 / Chapter 33-21 / Section 33-21-1
§ 33-21-1. Town taking possession of property.
Status: in_force

Whenever any person shall die leaving any real estate within this state, and shall leave no heir or legal representative to claim the real estate, the town council of the town in which the real estate is located may direct the town treasurer of the town to take the property into his or her possession for the use of the town until the heir or other legal representative of the deceased shall call for the real estate, to whom the real estate shall be delivered on being claimed and evidence of the right or title of the claimant shown; and the town shall in that case account with the claimant for the real estate, but not including any income or interest received from the real estate.
R.I. Gen. Laws § 33-11-44 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-44
§ 33-11-44. Claims based on action commenced against decedent before death.
Status: in_force

Any action or suit brought against a decedent in his or her lifetime, which survives, and in which the personal representative shall be notified to take upon itself the defense as provided in § 33-18-8, and any action or suit, upon any cause of action originating in the lifetime of the decedent and which survives, brought against the personal representative before the estate has been represented insolvent, shall not abate, but may be prosecuted to final judgment against the estate. Those claims may be presented in the office of the probate clerk as provided in §§ 33-11-4 and 33-11-5, but need not be proved before the probate court, or the personal representative may be joined as a defendant with notice to the probate court and served in the pending action. Execution upon the judgment in the case shall be stayed. If the estate is, or shall be represented insolvent, the amount of the judgment shall be included in or added as a claim against the estate, subject to the provisions of § 33-11-32, but shall not be subject to appeal; and if the estate is solvent, execution may issue at any time after claims of the same class are payable.
R.I. Gen. Laws § 33-7-22 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-22
§ 33-7-22. Proof of foreign will not required to be probated in domicile.
Status: in_force

A person interested in a will which is operative without probate by the laws of the state or country where the testator had his or her domicile at the time of his or her death may produce to the probate court of any town in this state in which there is any property, real or personal, on which the will may operate, a copy of the will and of the official record, duly authenticated according to act of congress, and the court shall assign a time and place for a hearing and cause notice to be given as in the case of a will offered for probate. If at such hearing the court finds, from the copies before it and any additional proof as to the authenticity and execution of the will, that the instrument ought to be allowed in this state as the last will of the deceased, it shall order the copy to be filed and recorded, and the will shall then have the same effect as if it had been originally proved and allowed in this state.
R.I. Gen. Laws § 33-1-4 — RI Code / Title 33 / Chapter 33-1 / Section 33-1-4
§ 33-1-4. Descent to persons not in being or not capable to take as heirs.
Status: in_force

No right in the inheritance shall accrue to any persons whatsoever other than to the children of the intestate, unless such persons are in being and capable in law to take as heirs at the time of the intestates death.
R.I. Gen. Laws § 33-22-30 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-30
§ 33-22-30. Probate court docket and special sessions.
Status: in_force

Dockets of matters at regular sessions of the probate court shall be prepared by the clerk and heard by the court in such a way as to ensure that formal and uncontested matters are heard before contested matters. The probate court may hold such additional special sessions as reasonably necessary to hear contested matters without additional fees or charges therefor.
R.I. Gen. Laws § 33-8-3 — RI Code / Title 33 / Chapter 33-8 / Section 33-8-3
§ 33-8-3. Neglect to present will for probate.
Status: in_force

If a person named as executor in a will and having possession thereof neglects or refuses to present the will for probate within thirty (30) days after the decease of the testator, or within thirty (30) days after he or she has knowledge that he or she is so named, that neglect or refusal shall be deemed a declination of the office by the executor.
R.I. Gen. Laws § 33-17-2 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-2
§ 33-17-2. Meaning of condition in bond of faithful performance.
Status: in_force

A condition in any bond given to the court requiring that the executor, administrator, or guardian, as the case may be, shall faithfully perform his or her duties according to law as such fiduciary, shall have the same force, meaning, and effect as a full recitation of the conditions imposed by the provisions of § 33-17-1 would have, if incorporated in the bond in full.
R.I. Gen. Laws § 33-19-2 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-2
§ 33-19-2. Terms of mortgages and notes.
Status: in_force

A mortgage given by an executor, administrator, or guardian, under leave from a probate court, may contain such powers of sale, conditions and covenants as are usual in mortgages taken by savings banks in this state. Notes secured by, and covenants contained in, mortgages given by executors, administrators, and guardians, so far as those notes and covenants are made by the executor, administrator, or guardian as such, shall not bind the executor, administrator, or guardian personally, but only the estate of the deceased or ward.
R.I. Gen. Laws § 33-21A-7 — RI Code / Title 33 / Chapter 33-21A / Section 33-21A-7
§ 33-21A-7. Short title.
Status: in_force

This act may be cited as the Escheat of Postal Savings System Accounts Act.
R.I. Gen. Laws § 33-11-5 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-5
§ 33-11-5. Time allowed for presenting claims  Late claims  Appeal.
Status: in_force

(a) Claims shall be presented within six (6) months from the first publication or be forever barred, subject to extensions granted pursuant to subsection 33-11-5(b).

(b) A creditor who, by reason of accident, mistake, excusable neglect or lack of adequate notice of decedents estate, failed to present a claim within six (6) months from the first publication, may before distribution of the estate, petition the probate court for leave to present a claim out of time. For purposes of this section, notice of commencement of probate pursuant to § 33-11-5.1 at least sixty (60) days before the expiration of the six (6) months claim period shall be deemed adequate. Upon hearing after notice to the decedents personal representative, heirs and beneficiaries (if any), the probate court may in its discretion, grant leave to present the claim out of time upon such terms as the court prescribes. Any claim presented out of time, if allowed, shall be paid out of the assets remaining in the personal representatives hands when notice of the petition was received.

(c) There shall be no de novo appeal to the superior court from an order or decree of the probate court granting leave to present a claim out of time.
R.I. Gen. Laws § 33-22-10 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-10
§ 33-22-10. Notice in discretion of court.
Status: in_force

In all other cases in which notice is not required by law, the court may, in its discretion, before proceeding, order notice.
R.I. Gen. Laws § 33-2-3 — RI Code / Title 33 / Chapter 33-2 / Section 33-2-3
§ 33-2-3. Successive beneficiaries dying simultaneously.
Status: in_force

Where two (2) or more beneficiaries are designated to take successively by reason of survivorship under another persons disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
R.I. Gen. Laws § 33-15-13 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-13
§ 33-15-13. Recording of petition in land records  Disability to contract.
Status: in_force

Where the petition for appointment of a limited guardian or guardian alleges that the respondent lacks decision making ability regarding his or her real property, the petitioner shall cause a copy of the petition, with the order of notice thereon, to be recorded in the records of land evidence for the city or town in which any real property of the respondent is located. If a limited guardian or guardian is appointed with authority to administer the real property of the respondent, all contracts relative to, and sales and conveyances of, real property, made by the respondent after the record, and all other contracts, except for necessaries, and all gifts, sales, or transfers of personal property, made by the respondent after the first publication of notice of the petition and before the termination of the limited guardianship or guardianship, shall be void.
R.I. Gen. Laws § 33-6-28 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-28
§ 33-6-28. Death or insolvency of beneficiary liable to contribution for debts.
Status: in_force

When a person liable to contribute according to the provisions of §§ 33-6-25 to 33-6-27 is insolvent or unable to pay his or her just proportion of the contribution required, the other persons liable to contribute shall be severally liable for the loss occasioned by the insolvency, each one in proportion to the value of the property received by him or her from the estate of the deceased; and if a person so liable dies without having paid his or her proportion, his or her executors and administrators shall be liable therefor in like manner as if it had been his or her proper debt and to the extent to which he or she would have been liable if living.
R.I. Gen. Laws § 33-5-2 — RI Code / Title 33 / Chapter 33-5 / Section 33-5-2
§ 33-5-2. Testamentary capacity  Property subject to will.
Status: in_force

Every person of sane mind and eighteen (18) years or older in age, may devise, bequeath, or dispose of, by his or her will, executed in the manner required by this chapter, all real estate and all personal estate, which he or she shall be entitled to either at law or in equity at the time of his or her death and which, if not so devised, bequeathed or disposed of, would devolve upon the heir at law, or upon his or her executor or administrator, but not including an estate tail. The power hereby given shall extend to all real estate, including all estate per autre vie, and all estates, whether they shall be freehold or of any other tenure, and all estates, whether they shall be corporeal or incorporeal hereditaments, and also to all contingent, executor, or other future interests, in any real or personal estate, whether the testator may or may not be ascertained as the person or one of the persons in whom the estates respectively may become vested, and whether he or she may become entitled thereto under the instrument by which the estates respectively were created, or under any disposition thereof by deed or will, and also to all rights of entry for conditions broken and other rights of entry, and also to such of the same estates, interests and rights respectively, and other real and personal estate, as the testator may be entitled to at the time of his or her death, notwithstanding that he or she may become entitled to the same subsequently to the execution of his or her will.
R.I. Gen. Laws § 33-11-8 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-8
§ 33-11-8. Determination of personal representatives claim.
Status: in_force

If a personal representative shall present a claim which he or she had against the decedent in his or her lifetime, the probate court shall examine and determine the claim. If there is a co-executor or co-administrator, he or she may be permitted to represent the estate at the hearing in the discretion of the probate court; otherwise, the probate court may appoint some disinterested person to represent the estate.
R.I. Gen. Laws § 33-1-1 — RI Code / Title 33 / Chapter 33-1 / Section 33-1-1
§ 33-1-1. Real estate descending by intestacy to children or descendants, parents, or brothers and sisters.
Status: in_force

Whenever any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in equal portions to his or her kindred, in the following course:

(1) First to the intestates children or their descendants, if there are any.

(2) Second, if there be no children nor their descendants, then to the intestates parents in equal shares, or to the surviving parent.

(3) Third, if there is no parent, then to the intestates brothers and sisters, and their descendants.
R.I. Gen. Laws § 33-14-1 — RI Code / Title 33 / Chapter 33-14 / Section 33-14-1
§ 33-14-1. Times when accounts required.
Status: in_force

Every executor and administrator, except as provided in § 33-17-3, shall make out and return to the probate court, upon completion of the period of administration, and at such other times as shall be required by the court, pursuant to § 33-14-4, an account relative to the estate in his or her hands, with a statement of the liquidated balance that may be due to or from him or her. Provided, however, that no interim accounting shall be required unless requested by an interested party, and any interim accounting may be excused by the probate court for good cause shown; and further provided, however, that every executor and administrator who is the sole beneficiary of the estate or who files a release from each beneficiary shall be permitted to file, in lieu of a final account, an affidavit of completed administration together with evidence that all Rhode Island estate and inheritance taxes for the estate have been satisfied, that the funeral bill has been paid, and that all claims filed against the estate have been satisfied.
R.I. Gen. Laws § 33-16-30 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-30
§ 33-16-30. Transfer to federal agency having effect of original commitment.
Status: in_force

Any person transferred as provided in § 33-16-29 shall be deemed to be committed to the veterans administration or other agency of the United States pursuant to the original commitment.
R.I. Gen. Laws § 33-18-6 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-6
§ 33-18-6. Transfer of records and property to successor fiduciary  Action on bond.
Status: in_force

An administrator or guardian appointed to succeed an executor, administrator, or guardian shall demand and receive of the preceding executor, administrator, or guardian, his or her heirs, executors, or administrators, all the goods and effects, books of account, securities, documents, or papers whatsoever belonging to the estate held by him or her or them, and in case of neglect or refusal to deliver them the probate court may, upon the petition of the successor or of any person beneficially interested, after hearing thereon, order the person holding them to deliver the property so held by him or her, and shall have the power to enforce the order by summary process for contempt, and the successor may also bring an action for the recovery of property, and the successor shall also bring an action on the bond of the preceding executor, administrator or guardian against all parties liable on the bond, which action when brought shall bar all actions by others on the bond for the same breach; but if the successor neglects or refuses to bring an action on the bond after written request therefor by any person interested, it shall be deemed a breach of his or her bond, and in this case suit may be brought on the first named bond by any person interested.
R.I. Gen. Laws § 33-11-35 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-35
§ 33-11-35. Offset of mutual claims.
Status: in_force

When there are mutual claims between the estate of the decedent and the claimant, which are subject to offset, the probate court, after reducing the claim to its present value, shall consider any mutual claims and allow the claimant only the balance justly due.
R.I. Gen. Laws § 33-6-8 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-8
§ 33-6-8. Devise to executor or trustee.
Status: in_force

Where any real estate shall be devised to any trustee or executor, the devise shall be construed to pass the fee simple, or the other whole estate or interest which the testator had power to dispose of by will in the real estate, unless a definite term of years, absolute or determinable, or an estate of freehold, shall be thereby expressly given to him or her.
R.I. Gen. Laws § 33-21A-4 — RI Code / Title 33 / Chapter 33-21A / Section 33-21A-4
§ 33-21A-4. Notice.
Status: in_force

The general treasurer shall notify depositors whose accounts are to be escheated as follows:

(1) A letter advising that a postal savings system account in the name of the addressee is about to be escheated and setting forth the procedure by which a deposit may be claimed shall be mailed by first class mail to the named depositor at the last address shown on the account records for each account to be escheated having an unpaid principal balance of more than twenty-five dollars ($25.00).

(2) A general notice of intention to escheat postal savings system accounts shall be published once in each of three (3) successive weeks in one or more newspapers which combine to provide general circulation throughout this state.

(3) A special notice of intention to escheat the unclaimed postal savings system accounts originally deposited in each post office must be published once in each of three (3) successive weeks in a newspaper published in the county in which the post office is located or, if there is none, in a newspaper having general circulation in the county. This notice must list the names of the owners of each unclaimed account to be escheated having a principal balance of three dollars ($3.00) or more.
R.I. Gen. Laws § 33-19-21 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-21
§ 33-19-21. Irregularities in proceedings.
Status: in_force

No sale of real estate made by an executor, administrator, or guardian, under decree of a probate court, and no title under the sale, shall be avoided because the deed was not delivered within one year after the decree, or on account of any irregularity in the proceedings, if it appears:

(1) That the decree was granted by a court of competent jurisdiction;

(2) That the person authorized to make the sale gave a bond, if bond was required, which was approved by the probate court;

(3) That the notice of the time and place of sale, if at public auction, was given according to law and the order of the court; and

(4) That the premises were sold by public auction in accordance with the notice, or by private contract in pursuance of the decree, and are held by one who purchased them in good faith or by some one claiming under him or her.
R.I. Gen. Laws § 33-17-8 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-8
§ 33-17-8. Joint fiduciaries.
Status: in_force

Joint executors, administrators and guardians may give either a joint or several bond, or each may give a separate bond.
R.I. Gen. Laws § 33-19-12 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-12
§ 33-19-12. Affidavit as to notice of sale.
Status: in_force

The executor, administrator, or guardian making the sale shall, within ten (10) days after providing notice, make and file in the office of the probate clerk an affidavit stating the times and places of giving notice, which shall be prima facie evidence of the matters stated in the notice.
R.I. Gen. Laws § 33-15-39 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-39
§ 33-15-39. Representation of incompetents and contingent interests in proceedings under § 33-15-37 or 33-15-37.1.
Status: in_force

Whenever in any proceeding under § 33-15-37 or 33-15-37.1 there are contingent interests of persons not in being, or not ascertainable, or interests of persons non sui juris, the court may appoint a person to represent those contingent interests, or a guardian ad litem to represent the interests of persons non sui juris, and in case of representation under this section the judgment, order, or decree entered in the proceeding shall bind all the interests.
R.I. Gen. Laws § 33-15-41 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-41
§ 33-15-41. Applicability of §§ 33-15-37  33-15-40.
Status: in_force

The provisions of §§ 33-15-37  33-15-40 shall apply to any estate where a limited guardian, a guardian, or a conservator has been appointed whether prior to June 13th, 1923, or thereafter.
R.I. Gen. Laws § 33-18-17 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-17
§ 33-18-17. Action in name of estate prosecuted by interested person.
Status: in_force

If an administrator, executor, or guardian shall be requested by any person legally interested in the estate of a deceased person, or person under guardianship, to commence an action or proceeding to recover any property, personal or real, which the legally interested person may have reason to believe should be recovered for the benefit of the estate, and if the administrator, executor, or guardian shall, for fifteen (15) days after written notice so to do, either personally delivered to himself or herself or his or her agent, or left at the last and usual place of abode of himself or herself or his or her agent, refuse, neglect or for any reason be incompetent, to commence the action or proceeding, the legally interested person may institute proceedings in the name of the estate of the deceased person, or person under guardianship, in the same manner and to the same extent as the administrator, executor, or guardian may do in the case of personal property, and in the case of real estate in the same manner as a guardian, devisee, or heir at law may do, to recover the property.
R.I. Gen. Laws § 33-9-18 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-18
§ 33-9-18. Authority to lend, invest, vote, and protect investments.
Status: in_force

(a) The superior court may, upon complaint filed by an executor or administrator, authorize the executor or administrator to invest money belonging to the estate in such safe investments as it may approve, and may likewise authorize or direct the executor or administrator to vote the stock or shares belonging to the estate in any corporation, association, or joint stock company in such manner and for such purposes as the court may deem advisable; and if it shall in the courts opinion be in the interest of the estate so to do, the court may authorize the executor or administrator:

(1) To lend money belonging to the estate to any corporation, association, or joint stock company, in the stock, shares, or obligations of which any portion of the estate may be invested, or in which the estate may be otherwise interested;

(2) To invest money belonging to the estate in the stock, shares, or other obligations of any such corporation, association, or joint stock company;

(3) To endorse or guarantee the obligations of the corporation, association, or joint stock company.

(b) In granting the authority, the court may impose such conditions or restrictions and give such directions as it may deem advisable.

(c) The superior court may, upon any complaint, approve any investment, loan, endorsement, guaranty, or vote previously made or given by an executor or administrator which the court might have authorized, and the approval shall have the same effect as a prior order or decree authorizing the investment, loan, endorsement, guaranty, or vote. Any endorsement or guaranty shall be binding upon the estate, and shall not be binding upon the executor or administrator personally.

(d) The powers herein conferred upon the superior court may be exercised in cases where the court deems it necessary for the protection or preservation of the estate or to prevent irreparable damage or loss to the estate, notwithstanding any provisions or directions contained in a will authorizing or restricting the powers of an executor or administrator with the will annexed to invest or lend money of the estate, to endorse or guarantee obligations, or to vote the stock or shares belonging to the estate in any corporation, association, or joint stock company; provided, however, that the court shall exercise these powers with extreme caution and shall not exercise these powers in cases where the testator has in the will expressly declared or requested that the powers shall not be exercised by the court.
R.I. Gen. Laws § 33-13-9 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-9
§ 33-13-9. Action for recovery of legacy  Action to preserve lien or charge upon real estate.
Status: in_force

(a) A legatee may recover his or her legacy in a civil action; but no action shall be brought for recovery against an executor or administrator with the will annexed, for the recovery of a legacy, until the executor or administrator has filed a statement of the legacies to be paid under the provisions of § 33-13-6 or failed to comply with the provisions of § 33-13-6.

(b) All actions to impress and preserve a lien or charge upon real estate based upon a will duly proven after May 28, 1959, wherein real estate is subject to a lien or charge expressed or implied, shall be commenced and sued within six (6) years from the date the will is proven or the right accrues and not later; and all actions to impress and preserve a lien or charge upon real estate based upon a will duly proven prior to May 28, 1959, wherein real estate is subject to a lien or charge expressed or implied, shall be commenced and sued within six (6) years from May 28, 1959, or if on the effective date the right to sue shall not have accrued, then within six (6) years of the time when the right to sue shall have accrued, and not later; and in any event any such lien or charge shall be wholly lost unless notice of the suit shall be filed in the land records of the city or town where the real estate lies within ten (10) days of the commencement of the suit.
R.I. Gen. Laws § 33-3-13 — RI Code / Title 33 / Chapter 33-3 / Section 33-3-13
§ 33-3-13. Payment of expenses of division on appeal to superior court.
Status: in_force

Whenever partition or division shall be made by any probate court, and there shall be an appeal to the superior court, and any one or more of the interested parties shall neglect or refuse to pay their just proportion of the expense of such division, the probate court which ordered such division may issue a warrant of distress against such delinquent; provided, that an account of such expense be first laid before such probate court, and the just proportions of the persons interested be settled and allowed, they having been duly notified to be present at such settlement and allowance.
R.I. Gen. Laws § 33-22-21 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-21
§ 33-22-21. Fees enumerated  Hearing date to be noted on receipt.
Status: in_force

(a) The fees in probate courts shall be as follows: for every petition for the appointment of a custodian, administrator, guardian, or conservator, or for the probate of a will, one percent (1.0%) of the personal property of the decedent or ward over which the court has jurisdiction, but in no event shall the fee be less than thirty dollars ($30.00) nor more than one thousand five hundred dollars ($1,500); for every petition of a foreign administrator, executor, or guardian to transfer or sell real or personal estate, one percent (1.0%) of the personal property of the decedent, or ward located in Rhode Island, but in no event shall the fee be less than thirty dollars ($30.00) nor more than one thousand five hundred dollars ($1,500) which fees shall be in lieu of all subsequent filing and recording fees in the same proceedings, except as hereinafter provided, and shall be paid before the petition is filed, and shall be based upon estimates submitted by the petitioner or someone on his or her behalf, and shall be subject to revision whenever it appears that the estimates were incorrect, and upon revision a further payment or rebate shall be made promptly. In the event that the appointment of a custodian, pending the appointment of an administrator, guardian, or conservator, or the probate of a will, is necessary, the fee so paid for the petition shall be applied on the amount to be paid upon the filing of a petition for the appointment of the administrator, guardian, or conservator, or for the probate of the will. The court at any time may cite in and examine any custodian, executor, administrator, guardian, or conservator for the purpose of determining the full fee due and payable. Also, the following fees shall be charged:

(1) For every petition to file a claim out of time, thirty dollars ($30.00);

(2) For every petition for the removal of an executor, administrator, guardian, conservator, or other fiduciary, thirty dollars ($30.00);

(3) For every petition for appointment of a successor guardian under the uniform gifts to minors act, thirty dollars ($30.00);

(4) For every petition to file a will with no probate, thirty dollars ($30.00);

(5) For every affidavit of complete administration, thirty dollars ($30.00);

(6) For every certificate of appointment, five dollars ($5.00);

(7) For every petition to remove or fill a vacancy of a trustee of any trust established under a will, or the termination of such trust, thirty dollars ($30.00);

(8) For every petition for tax minimization or estate planning, thirty dollars ($30.00);

(9) For every petition for change of name, thirty dollars ($30.00); and

(10) For every petition for adoption, thirty dollars ($30.00).

(b) Upon payment of any fee enumerated in this section, the clerk of the court shall issue a written receipt to the person making payment. In the event that the matter filed with the court calls for a hearing, the clerk of the court shall note the hearing date and time on the receipt whenever possible; otherwise, as soon as is practicable after the filing of the matter, the clerk of the court shall provide written notice of the hearing date and time directly to the person filing the matter.

(c) The clerk of the court shall charge one dollar and fifty cents ($1.50) per page and three dollars ($3.00) to certify any probate documents on file with the probate court.
R.I. Gen. Laws § 33-11-45 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-45
§ 33-11-45. Claim barred by failure to prove or prosecute.
Status: in_force

If a claimant shall not request probate court determination of its disallowed claim or bring civil action on its disallowed claim within the deadlines of this chapter, any action on said claim against the personal representative and estate of the decedent shall be forever barred. Affidavit of the personal representative or certificate of the district or superior court clerk that no civil action was brought by the claimant in the relevant time period shall be sufficient to establish failure to timely prosecute.
R.I. Gen. Laws § 33-11-12 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-12
§ 33-11-12. Party against whom contingent claim enforced  Time of bringing action.
Status: in_force

The action referred to in § 33-11-11 shall be brought against the personal representative, if depositing assets therefor in the registry of the court was required, and an action against the personal representative may be brought although the period of two (2) years, referred to in § 33-11-50, has elapsed; otherwise, the action shall be brought upon the bond given under § 33-11-10.
R.I. Gen. Laws § 33-12-15 — RI Code / Title 33 / Chapter 33-12 / Section 33-12-15
§ 33-12-15. Preference to citizens of state in distribution of insolvent estate of nonresident.
Status: in_force

If a person dies insolvent, his or her estate found in this state shall, as far as practicable, be so disposed of that all his or her creditors here and elsewhere may receive each an equal share in proportion to their respective debts. To this end, his or her estate shall not be transmitted to the foreign executor or administrator until all the creditors who are citizens of this state, filing and proving their claims according to law, have received the just proportion that would be due to them if the whole estate of the deceased, wherever found, that is applicable to the payment of creditors, were divided among all the creditors in proportion to their respective debts, without preferring any one species of debt to another, excepting those preferred by the statutes of this state; and no creditor, who is not a citizen of this state, shall be paid out of the assets found here until all those who are citizens have received their just proportion as provided in this section.
R.I. Gen. Laws § 33-22-31 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-31
§ 33-22-31. Form of order and decree.
Status: in_force

(a) Every decision of a probate court shall be reduced to a written order or decree, promptly executed by the probate judge, entered and filed in a timely fashion by the probate clerk. No party can rely upon any action, inaction or instructions of the probate court nor take an appeal from any decision of the probate court that has not been reduced to a written order or decree duly executed by the probate judge.

(b) If a form of order or decree is not available for execution by the probate judge at the time of hearing, the court shall require the prevailing party to submit a proposed form of order or decree by regular mail to all parties who have entered an appearance in the matter. Absent written objection setting forth the reason for such objections by any such party within seven (7) days after mailing, the prevailing party shall file the original thereof with the probate court. Such order or decree shall contain a certificate that notice has been given pursuant to this subsection.

(c) For all purposes, the effective date of an order or decree is the date executed by the probate judge and not the date of hearing.
R.I. Gen. Laws § 33-9-23 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-23
§ 33-9-23. Masters deed to convey decedents property to party entitled to specific performance.
Status: in_force

When a person dies holding the legal title to property, real or personal, and an action for specific performance of contract for sale thereof would have existed as against the deceased had he or she lived, a complaint against the executor or administrator alone of the deceased may be brought by the person with whom the deceased has made the contract, setting out the facts, the pendency of which bill shall be advertised at least twice each week for three (3) successive weeks in some newspaper published in the city of Providence, which notice shall be in addition to legal notice to the executor or administrator. And on hearing the cause, if it appear that a proper case has been made out, the superior court shall decree that a conveyance shall be made by a master to be appointed for that purpose whose deed shall vest the title of the deceased in the party entitled to specific performance on payment of the purchase price, which, less the costs of the suit, including costs as between solicitor and client, shall be personal assets in the hands of the executor or administrator.
R.I. Gen. Laws § 33-1-7 — RI Code / Title 33 / Chapter 33-1 / Section 33-1-7
§ 33-1-7. Descendants of deceased heirs.
Status: in_force

The descendants of any person deceased shall inherit the real and personal estate that the person would have inherited had the person survived the intestate, subject to the express provisions of these canons of descent and distribution.
R.I. Gen. Laws § 33-13-2 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-2
§ 33-13-2. Order for conversion of personalty into cash and distribution.
Status: in_force

If the estate of a deceased person is to be distributed in whole or in part, the probate court, upon the petition of any person interested, after any notice as it may direct, may order the executor or administrator to convert the personal property into cash and to distribute the cash among the persons entitled to receive it.
R.I. Gen. Laws § 33-18-9 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-9
§ 33-18-9. Appointment of agent by nonresident fiduciary.
Status: in_force

Every executor, administrator or guardian appointed in, but residing out of, the state shall, before entering upon the duties of his or her trust, appoint in writing an agent residing in this state, and shall by the writing agree that the service of any legal process against him or her as executor, administrator, or guardian, if made on, or acknowledged by, the agent, shall be of the same legal effect as if made on himself or herself personally within this state. The writing shall have the address of the agent, and shall be filed in the office of the clerk of the probate court by which the appointment was made, and the notice of appointment of the executor, administrator, or guardian shall state the name and address of his or her agent.
R.I. Gen. Laws § 33-23-3 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-3
§ 33-23-3. Effect of appeal from granting of letters.
Status: in_force

If an appeal is claimed from a decree of a probate court granting letters testamentary, of administration, of administration with the will annexed, or of guardianship, the executor, administrator, administrator with the will annexed, or guardian, on giving bond as by law required, file an inventory and collect, receive, and take possession of all the rights, credits, and estates of the testator, intestate, or ward, as if no appeal had been claimed. All claims against the estate of the deceased or ward shall be filed within the time prescribed by law, and the executor, administrator, or guardian may, under the direction of the probate court, do such acts as the law requires concerning claims; and all limitations in regard to claims shall apply as if no appeal had been claimed.
R.I. Gen. Laws § 33-18-30 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-30
§ 33-18-30. Delivery of funds, securities, or instruments into court for which fiduciary cannot give proper discharge.
Status: in_force

If an executor, administrator, or guardian holds any money, stock certificates, bond, or other chose in action payable or deliverable to a legatee, next of kin, ward, or other person, and the person entitled thereto cannot give a proper discharge therefor, or is out of the country, or his or her whereabouts are unknown after proper inquiry, and the executor, administrator, or guardian desires to free himself or herself from further liability therefor, he or she may pay or deliver the property into the registry of the probate court which appointed him or her, and present therewith his or her petition praying to be discharged, and setting out under oath the title of the person and why he or she cannot give proper discharge therefor.
R.I. Gen. Laws § 33-15-29 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-29
§ 33-15-29. General duties of limited guardians or guardians with respect to person and estate.
Status: in_force

Every limited guardian or guardian with authority to make decisions with respect to the person of his or her ward shall exercise authority in the best interest of his or her ward. Every limited guardian or guardian with authority to make decisions with respect to the estate of his or her ward shall manage the estate frugally, without waste, and shall apply the income and profits from the estate, or so much thereof as may be necessary and proper, to the support and maintenance of the ward and his or her household and family.
R.I. Gen. Laws § 33-11-23 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-23
§ 33-11-23. Disallowed claims against insolvent estates to be heard by probate court.
Status: in_force

All claims against an insolvent estate which are disallowed shall be heard and decided by the probate court.
R.I. Gen. Laws § 33-16-29 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-29
§ 33-16-29. Transfer of persons with mental illness to federal agencies.
Status: in_force

Upon receipt of a certificate of the veterans administration or other agency of the United States that facilities are available for the care or treatment of any person theretofore committed to any hospital or other institution for the care or treatment of persons with mental illness and that the person is eligible for care or treatment, the superintendent of the institution may cause the transfer of the person to the veterans administration or other agency of the United States for care or treatment. Upon effecting any transfer, the committing court or proper court officer shall be notified of the transfer by the transferring agency. No person shall be transferred to the veterans administration or other agency of the United States if he or she be confined pursuant to conviction of any felony or misdemeanor, or if he or she has been acquitted of the charge solely on the ground of insanity, unless prior to transfer the court or other authority originally committing the person shall enter an order for such transfer after appropriate motion and hearing.
R.I. Gen. Laws § 33-23-7 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-7
§ 33-23-7. Transfer of estate pending appeal from decree removing fiduciary.
Status: in_force

A decree of a probate court removing an executor, administrator or guardian shall have effect, notwithstanding an appeal, until otherwise finally determined on appeal. The probate court may in this case appoint a successor to the person removed, to whom, when qualified, the person removed shall promptly deliver all the property held by him or her as executor, administrator, or guardian, and the successor shall proceed in the performance of his or her duties in like manner as if no appeal had been taken. But if the decree or removal is reversed by final decree, the powers of the successor shall cease, and he or she shall promptly deliver to his or her predecessor in the trust, or to such person as the court may order, all property of the estate in his or her possession.
R.I. Gen. Laws § 33-18-27 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-27
§ 33-18-27. Perpetuation by fiduciary of evidence of payments and delivery  Final discharge.
Status: in_force

If an executor, administrator, or guardian has paid or delivered to the persons entitled thereto the money or other property in his or her hands as required by a decree of a probate court, he or she may perpetuate the evidence of payment or delivery by presenting to the court, within one year after the decree is made, an account of the payments or delivery, together with the vouchers therefor, which shall be kept in the files of the court. The account, being proved to the satisfaction of the court, and verified by the oath of the executor, administrator, or guardian, shall be allowed as his or her final discharge and ordered to be recorded. This discharge shall forever exonerate the executor, administrator, or guardian, and his or her sureties, from all liability under the decree unless his or her account is impeached for fraud or manifest errors.
R.I. Gen. Laws § 33-17-4 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-4
§ 33-17-4. Testamentary exemption from bond or surety.
Status: in_force

An order or request in a will that an executor or guardian shall be exempt from giving bond or surety shall only exempt the executor or guardian from giving surety. The probate court, however, may require the executor or guardian at any time to give bond with surety or sureties.
R.I. Gen. Laws § 33-22-1 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-1
§ 33-22-1. Petitions in writing and signed  Notice to institution of petition concerning deceased inmate.
Status: in_force

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.
R.I. Gen. Laws § 33-20-5 — RI Code / Title 33 / Chapter 33-20 / Section 33-20-5
§ 33-20-5. Orders for management or sale of property.
Status: in_force

The court may make orders for the care, custody, leasing, and investing of the property and its proceeds. The court may order livestock or perishable property, or any property, which cannot be kept without great and disproportionate expense, to be sold at public or private sale. The court may, upon petition of the receiver, and after the notice as is required in case of sale of real estate by executors and administrators, order all or any part of the real and personal estate of the absentee to be sold at public or private sale to supply money for the payments authorized by §§ 33-20-1  33-20-7 or for reinvestment approved by the court. The court, on petition with notice, if satisfied that the action will not be prejudicial to the interests of the estate, may authorize the petitioner to become the purchaser of the real estate, at public or private sale; provided, however, that, in any instance, if the sale is made by private contract, the sale shall be made for not less than the sum fixed by the court in its decree authorizing the sale.
R.I. Gen. Laws § 33-9-3 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-3
§ 33-9-3. Emblements of lands.
Status: in_force

If any testator or intestate shall die after March 1 in any year, all the emblements of his or her lands that shall be severed before December 31 next following shall be included in the inventory and be assets in the hands of his or her executor or administrator; but all emblements growing on the lands at the time of the death of the testator or intestate, if that event happens on or after December 31 and before March 1, shall not so be included, but shall pass with the land.
R.I. Gen. Laws § 33-23-9 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-9
§ 33-23-9. Assignment day.
Status: in_force

The probate appeal may be assigned to the formal and special cause calendar, the continuous non-jury trial calendar, or the continuous jury trial calendar, as the case may be, which occurs not less than seventy-five (75) days from the date that the probate order or decree appealed was executed by the probate judge.
R.I. Gen. Laws § 33-20-1 — RI Code / Title 33 / Chapter 33-20 / Section 33-20-1
§ 33-20-1. Grounds for appointment of receiver.
Status: in_force

(a) If a resident of this state, having property in this state, has disappeared, has been absent from his or her usual place of residence, his or her whereabouts have been unknown for more than one year, and he or she has left no agent in charge of his or her property, the court of probate of the town in which he or she was last known to reside shall have power upon the petition of the spouse, next of kin, or of one or more of his or her creditors, setting forth the above facts, to appoint a receiver to collect and take charge of the property until the fact of the death or survival of the absentee is established, and in case of his or her death, until an executor or administrator shall be appointed and qualified.

(b) If there shall be no petition by the spouse, next of kin, or creditors filed within five (5) years after the residents whereabouts have been unknown, all of the personalty of the resident who has disappeared or whose whereabouts are unknown shall be subject to the provisions of chapters 21 and 21.1 of this title.
R.I. Gen. Laws § 33-22-5 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-5
§ 33-22-5. Waiver of notice.
Status: in_force

If all interested parties shall, in writing, waive the notice required by § 33-22-3 and assent to action upon the petition by the court at any time, the court may proceed to hear the cause without publication or further notice and any decree entered in the proceeding shall be of the same force and effect as if notice had been given in the manner provided by this chapter.
R.I. Gen. Laws § 33-24-2 — RI Code / Title 33 / Chapter 33-24 / Section 33-24-2
§ 33-24-2. Administration of small estates where executor named in will  Voluntary executors.
Status: in_force

(a) If a resident of Rhode Island dies leaving an estate that would otherwise be subject to being listed on a probate inventory pursuant to § 33-9-1, consisting entirely of personal property, the total value, exclusive of tangible personal property of which the decedent was owner, does not exceed fifteen thousand dollars ($15,000) in value, and he or she leaves a will naming a person as executor, the named person, if of full age and legal capacity, may, (or, if the named person declines or is unable to serve, then any person named as alternate, or, if such alternate declines or is unable to serve, then the surviving spouse, child, grandchild, parent, brother, sister, niece, nephew, aunt or uncle, or any interested party, if of full age and legal capacity and a resident of this state), after the expiration of thirty (30) days from the death of the decedent, provided no petition for letters testamentary or letters of administration has been filed with the probate court of the city or town in which the decedent resided, file with said probate court upon a form prescribed by the court a statement, verified by oath or affirmation containing:

(1) The name and residential address of the affiant,

(2) The name, residence and date of death of the deceased,

(3) The relationship of the affiant to the deceased,

(4) A schedule showing every asset known to the affiant titled solely in the decedents name and all assets known or believed to be titled in the decedents name as of the decedents date of death and the estimated value of each such asset,

(5) A statement that the affiant has undertaken to act as voluntary administrator of the estate of the deceased and will administer the same according to law, and apply the proceeds thereof in conformity with this section,

(6) The names and addresses known to the affiant of the persons who would take under the provisions of Rhode Island general laws § 33-1-10 in the case of intestacy, and

(7) The names and addresses known to the affiant of the persons who would take under the provisions of the will.

(b) The original of the will shall be filed with the above statement and if the executor resides outside the state he or she shall appoint a resident agent to represent him or her in the state.

(c) Upon presentation of such statement, accompanied by a certificate of the death of the deceased and payment of a fee of thirty dollars ($30.00), the clerk of the probate court shall file these documents as a part of the permanent record of the court. Upon the payment of five dollars ($5.00), the clerk of the probate court shall, if no other probate proceeding for administration of such estate is pending in said court, issue a certification of appointment of executor, but only after such certification has been reviewed by the judge of the probate court. No hearing in the probate court shall be required as a condition for the issuance of the certification by the clerk of the probate court; provided, however, that the probate judge may require a hearing to take place in order to determine whether such certification should issue.

(d) Upon the presentation of a copy of such a certification of appointment by the clerk of the probate court, the tender of a proper receipt in writing and the surrender of any policy, passbook, note, certificate or other evidentiary instrument, a voluntary executor may, as the legal representative of the deceased and his or her estate, receive payment of any debt or obligation in the nature of a debt, or delivery of any chattel or asset, scheduled in such statement. Payments and deliveries made under this section shall discharge the liability of the debtor, obligor or deliverer to all persons with respect to such debt, chattel, obligation or other asset unless, at the time of such payment or delivery, a written demand has been made upon such debtor, obligor or deliverer by a duly appointed executor or administrator.

(e) A voluntary executor may sell any chattel so received and negotiate or assign any choice in action to convert the same to cash in a reasonable amount.

(f) A voluntary executor shall, as far as possible out of the assets which come into his or her hands, first discharge the necessary expenses of the funeral and last sickness of the deceased and the necessary expenses of administration without fee for his or her services, and then pay the debts of the deceased in the order specified in Rhode Island general laws § 33-12-11 and any other debts of the estate, and then distribute the balance, if any, according to the terms of the will, and should that prove impossible, the balance to the surviving spouse, or, if there is no surviving spouse, to the persons and in the proportions prescribed by § 33-1-10.

(g) A voluntary executor shall be liable as an executor in his or her own wrong to all persons aggrieved by his or her administration of the estate, and, if letters testamentary or letters of administration are at any time granted, shall be liable as such an executor to the rightful executor or administrator.
R.I. Gen. Laws § 33-11-5.1 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-5.1
§ 33-11-5.1. Duty to notify known or reasonably ascertainable creditors.
Status: in_force

(a) If the identity of a creditor of the decedents is known to or reasonably ascertainable by the personal representative, the personal representative shall, within a reasonable period of time after qualification, take such steps as are reasonably necessary to ensure that such creditor receives or has received notice of the commencement of the decedents estate. The sending of a notice in the form contained in subsection (b) by the personal representative to the creditor at his/her or its last known address, by first class mail, postage prepaid, shall be deemed a means, but not the exclusive means, of satisfying the requirements of this section. The personal representative is not liable to a creditor or to a successor personal representative of the decedent for giving or failing to give notice under this section.

(b) A personal representative shall be conclusively presumed to have complied with this section by sending a written notice in substantially the following form:

(c) In all cases where the decedent was fifty-five (55) years or older at the time of death, the personal representatives shall give notice as required by this section to the executive office of health and human services in accordance with § 40-8-15.
R.I. Gen. Laws § 33-21A-1 — RI Code / Title 33 / Chapter 33-21A / Section 33-21A-1
§ 33-21A-1. Declaration of escheat.
Status: in_force

All postal savings system accounts created by the deposits of persons whose last known addresses are in this state which have not been claimed by the persons entitled thereto before May 1, 1971, are presumed to have been abandoned by their owners and are declared to escheat and become the property of this state.
R.I. Gen. Laws § 33-15-22 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-22
§ 33-15-22. Addresses of creditors  Affidavit to support claim.
Status: in_force

Every creditor shall file his or her post office address in the office of the probate clerk, and, if requested, an affidavit in support of his or her claim, in the same manner as is provided in the case of claims against estates of deceased persons.