R.I. Gen. Laws § 33-18-25 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-25
§ 33-18-25. Payment of debt or delivery of property to foreign fiduciary.
Status: in_force

Any person or corporation in this state, before having actual notice of the pendency of an application in this state for letters testamentary of administration or guardianship may pay any money owing or deliver any personal property belonging to the estate of any decedent whose residence at the time of his or her death was not in this state, or belonging to any person under guardianship whose residence is not in this state, to the executor or administrator of the decedent or to the guardian of the ward duly appointed, qualified, and authorized to receive the same under the laws of any other state, territory or district of the United States; and the receipt for payment or delivery to the executor, administrator, or guardian shall be a valid discharge for that money and personal property.
R.I. Gen. Laws § 33-19-7 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-7
§ 33-19-7. Executors or administrators bond to cover application of proceeds of mortgage or sale.
Status: in_force

Every executor or administrator empowered to sell or mortgage real estate as provided in § 33-19-3 shall, before making the sale or mortgage, give bond with a surety or sureties satisfactory to the court that he or she will apply the proceeds of the sale or mortgage to the purposes for which it was made.
R.I. Gen. Laws § 33-7-8 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-8
§ 33-7-8. Proof of will of nonresident.
Status: in_force

The will, duly executed, of any person who resides outside the state at the time of his or her death, may be proved before the probate court of any town where any property is situated upon which the will may operate.
R.I. Gen. Laws § 33-18-23 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-23
§ 33-18-23. Bona fide transfer of property to executor, administrator, or guardian.
Status: in_force

All persons making or permitting to be made any payment or transfer bona fide upon any official certificate of appointment of any executor, administrator, or guardian, issued by the probate court in respect of the estate of any deceased person or ward, shall be justified and held harmless in so doing, notwithstanding any defect or circumstance whatsoever affecting the validity of the appointment; provided, that the transfer of personal property, stock, or rights of action is not made within forty (40) days from an order or decree granting letters testamentary, of administration, or of guardianship, nor while an appeal is pending from an order or decree.
R.I. Gen. Laws § 33-16-32 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-32
§ 33-16-32. Applicability of general laws of guardian and ward.
Status: in_force

Except where inconsistent with this chapter, laws of this state relating to guardian, ward, and the judicial practice relating thereto, including the right to trial by jury and the right of appeal, shall be applicable to beneficiaries and their estates.
R.I. Gen. Laws § 33-6-1 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-1
§ 33-6-1. Gifts to attesting witnesses.
Status: in_force

If any person shall attest the execution of any will or codicil to whom any beneficial devise, legacy, estate, interest, gift, or appointment, or affecting any real or personal estate, other than and except charges and direction for the payment of any debt or debts, shall be thereby given or made, the devise, legacy, estate, interest, gift or appointment shall, so far only as concerns that person attesting the execution of the will, or codicil, or any person claiming under that person, be utterly null and void; but the person so attesting shall be admitted as a witness to prove the execution of the will, or codicil, or to prove the validity or invalidity thereof, notwithstanding the devise, legacy, estate, interest, gift, or appointment, mentioned in the will, or codicil.
R.I. Gen. Laws § 33-18-26 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-26
§ 33-18-26. Action by foreign executor or administrator  Prerequisites.
Status: in_force

If a corporation refuses to permit a transfer as provided in § 33-18-24 or a person indebted refuses to pay, or having possession refuses to deliver personal property as permitted in § 33-18-25, the executor or administrator, if there is no executor or administrator appointed in this state, upon application to the probate court of any town in this state in which any real estate of the decedent is located, or, if there is no real estate in this state, in which any personal property of the decedent is situated, or in which any debtor resides, or in which any corporation the decedent owned shares of stock or registered bonds is located, may be authorized by the court to transfer the shares and bonds or to take possession of the personal property and collect the debts, and the executor or administrator may demand, sue for, and recover the property or debts; provided, that no foreign executor or administrator shall be authorized to make any transfer or take possession of personal property under the provisions of this section until he or she shall have filed in the court a copy of the will, if any, and of his or her appointment, authenticated as provided in this chapter, nor until six (6) months after his or her appointment, nor until he or she shall have given bond to the probate court appointing him or her, unless sufficient bond has been given, nor until he or she shall have advertised notice of his or her application in this state at least once each week for two (2) successive weeks in some newspaper, as directed by the probate court; and provided, further, that no authority to transfer or take possession shall be granted, if any creditor of the deceased person or ward shall show to the probate court valid objections to the transfer or possession, supported by a sworn statement of his or her claim or demand and that the same is justly due.
R.I. Gen. Laws § 33-6-6 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-6
§ 33-6-6. Time from which will speaks.
Status: in_force

Every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall expressly appear by the will.
R.I. Gen. Laws § 33-22-7 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-7
§ 33-22-7. Proceedings in which notice given by court.
Status: in_force

(a) Every probate court shall, before proceeding, give notice to all parties known to be interested in the following cases:

(1) In the granting of letters of administration.

(2) In the probate of a will.

(3) In the appointment or approval of a conservator or guardian.

(4) In any complaint for the removal of an executor, administrator, conservator, or guardian.

(5) In the making of any decree upon the account of an executor, conservator, or guardian.

(6) In any petition of an executor, administrator, conservator, or guardian for leave to sell real estate of the testator, intestate, or ward.

(7) In setting off and allowing real estate in fee, or the proceeds of sale thereof, to a widow or surviving husband.

(b) Nothing contained in this section shall be deemed to limit the courts discretion to order whatever notice it considers appropriate given the circumstances of the matter before it and whose interests may be affected by the courts action.
R.I. Gen. Laws § 33-15-26.1 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-26.1
§ 33-15-26.1. Annual status report.
Status: in_force

(a) A limited guardian or guardian with authority to make decisions regarding the wards person shall return to the probate court, in every year, the annual status report, in the form as shown in § 33-15-47, regarding the status of the ward. The report shall include the following information:

(1) The residence of the ward;

(2) The condition of the ward;

(3) Any changes the limited guardian or guardian perceives in the decision making capacity of the ward; and

(4) A summary of actions taken and decisions made on behalf of the ward by the limited guardian or guardian.

(b) The probate court shall monitor each limited guardianship or guardianship file. If the court finds that the required annual status report has not been filed, the court shall cite the limited guardian or guardian and demand that the status report be filed within thirty (30) days.

(c) The probate court may waive the requirement of an annual status report, if, for good cause shown, such waiver is warranted.
R.I. Gen. Laws § 33-25-6 — RI Code / Title 33 / Chapter 33-25 / Section 33-25-6
§ 33-25-6. Applicability.
Status: in_force

This chapter shall apply to rights of common law and/or statutory dower or common law and/or statutory curtesy as they existed prior to April 17, 1978, but, if it should be held that this chapter cannot constitutionally apply thereto, it shall nevertheless be fully effective with regard to the estate of all persons who shall die after April 17, 1978 any other law or statute notwithstanding.
R.I. Gen. Laws § 33-6-20 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-20
§ 33-6-20. Devisee or legatee predeceased without issue.
Status: in_force

Unless a contrary intention shall appear by the will, such real estate or interest therein as shall be comprised or intended to be comprised in any devise contained in the will, which shall fail or be void by reason of the death of the devisee in the lifetime of the testator without leaving issue of the devisee living at the time of the testators death, or by reason of the devise being contrary to law or otherwise incapable of taking effect, shall be included in the residuary devise, if any, contained in the will. If a residuary devisee or legatee dies before the testator without leaving issue living at the time of the testators death, and if there be other residuary devisees or legatees named in the will in the same residuary clause, the other residuary devisees or legatees named in that clause, whether a class or not, shall take at the testators death the share of the residuary devisee or legatee so dying in like proportions as their shares bear one to another as expressed in the will under the residuary clause.
R.I. Gen. Laws § 33-17-16 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-16
§ 33-17-16. Facts to be shown by creditor suing on bond.
Status: in_force

If a suit is brought by a creditor of the deceased person, he or she shall show:

(1) That his or her claim has been duly filed;

(2) That his or her claim has not been disallowed by the executor or administrator, or has been established by commissioners, or by judgment; and

(3) That a decree of unfaithful administration has been entered as provided in § 33-17-17, and if the estate be insolvent, he or she shall also produce a copy of the order of distribution.
R.I. Gen. Laws § 33-18-24 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-24
§ 33-18-24. Transfer of corporate securities and mortgages by foreign fiduciary.
Status: in_force

Any corporation organized under the laws of this state may, before having actual notice of the pendency of an application in this state for letters testamentary, of administration, or guardianship, permit the executor of the will or administrator of the estate of a decedent who at the time of his or her death was not a resident in this state, or a guardian whose ward does not reside in this state, duly appointed, qualified, and authorized under the laws of any other state, territory, or district of the United States, to transfer to any person shares of stock and registered bonds standing in the name of the decedent or ward and to receive the dividends and interest thereon. The executor of the will or administrator of the estate of a decedent who at the time of his or her death was not a resident in this state, or a guardian whose ward does not reside in this state, duly appointed and qualified under the laws of any other state, territory, or district of the United States shall have the power to and may assign and transfer any mortgage debt, note, and mortgage, held by or belonging to the decedent or to the ward, upon any real estate or personal property located in this state, provided a duly authenticated copy of the certificate of the appointment of the executor, administrator, or guardian, and evidence that the appointment has not been revoked, are annexed to the assignment and transfer.
R.I. Gen. Laws § 33-3-12 — RI Code / Title 33 / Chapter 33-3 / Section 33-3-12
§ 33-3-12. Division of remainder in property.
Status: in_force

Any part of the real estate of any testator or intestate as shall be assigned to his widow pursuant to § 33-1-6 shall, after her death, be divided among the devisees, or heirs at law, of the deceased, in the same manner as the real estate would have been divided in case it had not been assigned pursuant to § 33-1-6.
R.I. Gen. Laws § 33-9-19 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-19
§ 33-9-19. General powers of executor or administrator unaffected.
Status: in_force

Nothing contained in §§ 33-9-14  33-9-18 shall be held to limit or restrict any powers which an executor or administrator may have apart from the provisions of those sections.
R.I. Gen. Laws § 33-1-5 — RI Code / Title 33 / Chapter 33-1 / Section 33-1-5
§ 33-1-5. Life estate descending to spouse.
Status: in_force

Whenever the intestate dies and leaves a surviving spouse, the real estate of the intestate shall descend and pass to the surviving spouse for his or her natural life. The provisions of §§ 33-1-1 and 33-1-2 shall be subject to the provisions of this section and § 33-1-6.
R.I. Gen. Laws § 33-22-17 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-17
§ 33-22-17. Representation of unborn, unascertained, and incompetent persons.
Status: in_force

When before or at the hearing on any proceeding in a probate court it appears to the court that the interest of a person unborn, unascertained, or legally incompetent to act in his or her own behalf, is not fully represented, the court may appoint some competent and disinterested person to act as guardian ad litem, or next friend, for the person unborn, unascertained, or legally incompetent, and to represent his or her interest in the case. The person so appointed shall make oath to perform his or her duty faithfully and impartially, and shall be entitled to such reasonable compensation, out of the estate, for his or her services, as the court may allow. In any action involving wills, estates, trusts or fiduciaries in the probate court, a minor, an incapacitated person or an unborn or unascertained person whose identity and location is unknown and not reasonably ascertainable, unless otherwise represented, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent that: (1) the persons interest is adequately represented; and (2) there is no conflict of interest between the representative and the person represented.
R.I. Gen. Laws § 33-6-2 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-2
§ 33-6-2. Creditor attesting.
Status: in_force

In case by any will or codicil any real or personal estate shall be charged with any debt or debts, and any creditor whose debt is so charged shall attest the execution of the will or codicil, the creditor, notwithstanding the charge, shall be admitted as a witness to prove the execution of the will or codicil, or to prove the validity or invalidity thereof.
R.I. Gen. Laws § 33-16-9 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-9
§ 33-16-9. Rating of mental incompetence shown in petition.
Status: in_force

In the case of a mentally incompetent ward, the petition shall show if this be the fact, that the ward has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration.
R.I. Gen. Laws § 33-2-2 — RI Code / Title 33 / Chapter 33-2 / Section 33-2-2
§ 33-2-2. Presumption of survivorship as to each decedent.
Status: in_force

Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he or she had survived, except as provided otherwise in this chapter.
R.I. Gen. Laws § 33-15-38 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-38
§ 33-15-38. Powers unimpaired by §§ 33-15-37 and 33-15-37.1.
Status: in_force

Nothing contained in §§ 33-15-37 or 33-15-37.1 shall be held to limit or restrict any powers which a limited guardian, guardian, or conservator may have apart from the provisions of those sections.
R.I. Gen. Laws § 33-13-13 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-13
§ 33-13-13. Payment of money into court for benefit of foreign legatee or distributee.
Status: in_force

Where it shall appear that a legatee or distributee resides outside of the United States or its territories and would not have the benefit, use, or control of the money, or other property due him or her, the probate court may direct that the money or other property be paid into the registry of the probate court for the benefit of the legatee or distributee or the person or persons as may thereafter appear to be entitled thereto. Any money or other property so paid into court shall be paid out only by special order of the probate court or pursuant to the judgment of a court of competent jurisdiction.
R.I. Gen. Laws § 33-17-7 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-7
§ 33-17-7. Examination and approval of bond.
Status: in_force

No bond required to be given to a probate court shall be accepted until it has been examined and approved by the court, or examined by the clerk and found to conform to the order of the court, and the approval of the court or clerk entered of record.
R.I. Gen. Laws § 33-16-10 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-10
§ 33-16-10. Showing of minority as evidence of necessity for guardian.
Status: in_force

Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or his or her authorized representative, setting forth the age of the minor as shown by the records of the veterans administration, and the fact that the appointment of a guardian is a condition precedent to the payment of any money due the minor by the veterans administration, may be used as prima facie evidence of the necessity for the appointment.
R.I. Gen. Laws § 33-9-17 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-17
§ 33-9-17. Lender not liable for loss or misapplication.
Status: in_force

No person lending money to an executor or administrator who has been authorized to borrow by the court in accordance with the provisions of §§ 33-9-14  33-9-16 shall be required to see to the application or be answerable for any loss or misapplication thereof.
R.I. Gen. Laws § 33-15-36 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-36
§ 33-15-36. Powers of limited guardian or guardian with respect to corporate stock.
Status: in_force

Whenever the ward is the owner of stock in any corporation, and the limited guardianship or guardianship order so authorizes, the limited guardian or guardian shall have and exercise on behalf of his or her ward all the rights and powers of voting, either personally or by proxy, the right of examination of books, and all other rights incident to ownership.
R.I. Gen. Laws § 33-11-14 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-14
§ 33-11-14. Disallowance of claim.
Status: in_force

Any claim presented within six (6) months from the first publication may be disallowed in full or in part, within six (6) months and thirty (30) days from the first publication by the personal representative, or by any interested party, by filing in the office of the clerk of the probate court a statement disallowing the claim, and giving notice in writing, either personally or by registered or certified mail, to the claimant, whose claim is disallowed; and any claim presented after six (6) months from the first publication may be disallowed in full or in part, within thirty (30) days after presentation.
R.I. Gen. Laws § 33-17-29 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-29
§ 33-17-29. Consolidation of suits against joint fiduciaries  Execution.
Status: in_force

Whenever suits are brought upon separate bonds of joint executors, administrators, or guardians, they may be consolidated. If judgment for the penal sum is obtained upon more than one of the bonds, one execution shall issue for the amount found due for defaults for which two (2) or more principals on the bonds are found liable, and separate executions shall issue for the amount found due for all individual defaults of either of the principals.
R.I. Gen. Laws § 33-15-12 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-12
§ 33-15-12. Powers of temporary limited guardian or guardian  Bond.
Status: in_force

Each limited guardian or guardian, appointed as provided in § 33-15-10, shall have the authority granted by the temporary limited guardianship or guardianship order until he or she shall be legally discharged; and he or she shall give bond to the probate court in like manner, and with like conditions, as is required of limited guardians or guardians.
R.I. Gen. Laws § 33-15-23 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-23
§ 33-15-23. Notice of disallowance of claims.
Status: in_force

Within thirty (30) days after the expiration of the six (6) months, the limited guardian or guardian shall file in the office of the probate clerk a statement disallowing any of the claims filed as he or she intends to contest, and shall give notice in writing, either personally or by registered or certified mail, to claimants whose claims are disallowed.
R.I. Gen. Laws § 33-11-20 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-20
§ 33-11-20. Application of later discovered assets  Extension of time for presenting claims.
Status: in_force

If further assets are discovered and recovered by a personal representative after the expiration of six (6) months from the date of the first publication of notice of the qualification of the original personal representative, he or she shall apply the assets to the payment of the claims of creditors and account therefore in the same manner as assets received within six (6) months; and if the surplus of the assets remaining after payment of the claims in full is, in the opinion of the probate court, sufficient to warrant so doing, the probate court may order notice given of the receipt of the assets and may extend the time for presenting claims not to exceed six (6) months after notice. Claims presented within the extended time may be allowed or proved in the same manner as claims presented within six (6) months and shall be payable out of the assets remaining in the hands of the personal representative.
R.I. Gen. Laws § 33-15-40 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-40
§ 33-15-40. Appeal to supreme court from proceedings under §§ 33-15-37 and 33-15-37.1.
Status: in_force

An appeal may be taken to the supreme court from any final order, judgment, or decree of the superior court entered in any proceeding brought under the provisions of § 33-15-37 or 33-15-37.1 at any time within twenty (20) days from the entry of the order, judgment, or decree, and not thereafter.
R.I. Gen. Laws § 33-14-2.2 — RI Code / Title 33 / Chapter 33-14 / Section 33-14-2.2
§ 33-14-2.2. Form of certification.
Status: in_force

The certification referred to in §33-14-2 shall be in substantially the following form:
R.I. Gen. Laws § 33-5-9.1 — RI Code / Title 33 / Chapter 33-5 / Section 33-5-9.1
§ 33-5-9.1. Revocation of provision in will for divorced spouse.
Status: in_force

The entry of a final judgment in the divorce of a person shall act as a revocation of all provisions for the benefit of the former spouse in a will made by the person prior to the divorce, unless it appears from the will that the will was made in contemplation of the divorce. All other provisions in the will shall take effect as though the former spouse had predeceased the person.
R.I. Gen. Laws § 33-12-2 — RI Code / Title 33 / Chapter 33-12 / Section 33-12-2
§ 33-12-2. Order of application of property.
Status: in_force

The personal estate shall be first chargeable for expenses, charges, and debts, and the real estate shall be chargeable only so far as the personal estate is insufficient for that purpose, except as otherwise provided by law or will.
R.I. Gen. Laws § 33-9-13 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-13
§ 33-9-13. Redemption of mortgaged property from executor or administrator.
Status: in_force

After surrender or recovery of possession of real estate mortgaged as provided in § 33-9-11, and before sale as provided in § 33-9-12, or in case the testator or intestate die possessed of any real estate mortgaged to him or her which may be redeemed, if the mortgagor, his or her heirs, executors, administrators, or assigns shall, within the time limited for redemption, redeem the mortgaged premises, the executor or administrator shall be entitled to receive the redemption money, and shall hold the money as personal property, and shall thereupon release and discharge the mortgaged premises by release, quitclaim, or other legal conveyance.
R.I. Gen. Laws § 33-7-10 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-10
§ 33-7-10. Proof of wills when subscribing witnesses unavailable.
Status: in_force

Whenever it shall appear to a probate court, before which a purported will has been presented for probate, and whenever it shall appear to the superior court, before which a petition for probate of a will is pending on appeal, that a will cannot be proven as otherwise provided by law because one or more of the subscribing witnesses to the will, at the time the will is offered for probate, are serving in or present with the armed forces of the United States, or serving as merchant sailors, or are dead, or mentally or physically incapable of testifying, or otherwise are unavailable in the course of their service, the court may admit the will to probate upon the testimony in person or by deposition of at least two (2) credible disinterested witnesses that the signature to the will is in the handwriting of the person whose will it purports to be, or upon other sufficient proof of the handwriting. The foregoing provision shall not preclude the court, in its discretion, from requiring in addition, the testimony in person, or by deposition, of any available subscribing witness, or proof of such other important facts and circumstances as the court may deem necessary to admit the will to probate.
R.I. Gen. Laws § 33-12-3 — RI Code / Title 33 / Chapter 33-12 / Section 33-12-3
§ 33-12-3. Expenses included in expenses of administration.
Status: in_force

The expenses of the division and assignment of real estate, and of the appointment of guardians of minors and others incapacitated to take care of their interests, whether they be heirs or legatees, except there be an appeal from the order making or appointing the same, shall be included in the expenses of administration.
R.I. Gen. Laws § 33-15-37.1 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-37.1
§ 33-15-37.1. Minimization of taxes  Estate planning.
Status: in_force

(a) The superior or probate court, upon the petition of a conservator, limited guardian or guardian, other than the guardian of a minor, and after notice by publication as the court directs and other notice to all persons interested, may authorize the conservator, limited guardian or guardian to exercise any and all powers over the estate and business affairs of the ward which the ward could exercise if present and not under disability. The court may authorize the taking of such action, or the application of any funds as are not required for the wards own maintenance and support, in any fashion as the court shall approve as being in keeping with the wards wishes, so far as they can be ascertained, or which the conservator, guardian or limited guardian can demonstrate is in the best interest of the ward. In ascertaining and carrying out the wards wishes, or in determining which actions are in the wards best interests, the court may consider, but shall not be limited to minimization of current or prospective state or federal income, estate and inheritance taxes, and providing for gifts to charities, relatives and friends as would be likely recipients of donations or future inheritances from the ward.

(b) This action or application of funds may include, but shall not be limited to, the making of gifts, to the conveyance or release of the wards contingent and expectant interests in property including marital property rights, and any right of survivorship incident to joint tenancy or tenancy by the entirety, to the exercise or release of the wards powers as donee of a power of appointment, the making of contracts, the creation of revocable or irrevocable trusts of property of the wards estate which may extend beyond the wards disability or life and for which the ward may or may not be a beneficiary, the exercise of options of the ward to purchase securities or other property, the exercise of the wards right to elect options and to change beneficiaries under insurance and annuity policies, and the surrendering of policies for their cash value, the exercise of the wards right to an elective share in the estate of the wards deceased spouse, and the renunciation or disclaimer of any interest acquired by testate or intestate succession or by inter vivos transfer.

(c) The guardian, limited guardian or conservator in the petition shall briefly outline the action or application of funds for which approval is sought, the results expected to be accomplished thereby and the tax savings, if any, expected to accrue. The proposed action or application of funds may include gifts of the wards personal property or real estate. Gifts may be for the benefit of prospective legatees, devisees or heirs apparent of the ward, or may be made to individuals or charities in which the ward is believed to have an interest. The conservator, limited guardian or guardian shall also indicate in the petition that any planned disposition is consistent with the intentions of the ward insofar as they can be ascertained, or are otherwise in the best interest of the ward. If the wards intentions cannot be ascertained, the ward will be presumed to favor reduction in the incidence of the various forms of taxation, and the partial distribution of the wards estate during his or her lifetime, as provided in this section. The conservator, limited guardian or guardian shall not, however, be required to include as a beneficiary any person whom there is reason to believe would be excluded by the ward.
R.I. Gen. Laws § 33-16-24 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-24
§ 33-16-24. Certified copies of public records.
Status: in_force

When a copy of any public record is required by the veterans administration to be used in determining the eligibility of any person to participate in benefits made available by the veterans administration, the official custodian of the public record shall, without charge, provide the applicant for the benefits, any person acting on his or her behalf, or the authorized representative of the veterans administration, with a certified copy of the record.
R.I. Gen. Laws § 33-25-3 — RI Code / Title 33 / Chapter 33-25 / Section 33-25-3
§ 33-25-3. Life estate precedence.
Status: in_force

The life estates provided in this chapter shall take effect notwithstanding any provisions of the will of the decedent, except as provided in § 33-25-4, and shall take precedence over any claims of creditors of the decedent or decedents estate, except claims secured by lien or any form of encumbrance on the real estate.
R.I. Gen. Laws § 33-14-12 — RI Code / Title 33 / Chapter 33-14 / Section 33-14-12
§ 33-14-12. Accounting between executors and administrators.
Status: in_force

Whenever two (2) or more persons shall have letters testamentary or letters of administration granted to them, and any one or more of them shall refuse or neglect to apply the property in his, her, or their hands to the settlement of the estate, or to the payment of the debts or funeral charges of the testator or intestate, or shall refuse to account with the other executor or administrator, the aggrieved executor or administrator may bring his or her action against the others for an accounting.
R.I. Gen. Laws § 33-9-8 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-8
§ 33-9-8. Redemption or sale of incumbered property.
Status: in_force

The executor or administrator, if there be sufficient assets, may redeem all property of the deceased under mortgage, pledge, or levy, the redemption of which would increase the value of the estate, or he or she may sell the property subject to incumbrance; and the executor or administrator shall in that case first obtain the advice and direction of the probate court as to whether he or she shall redeem or sell the property subject to incumbrance, and failure to comply with the advice and direction shall be deemed maladministration and waste.
R.I. Gen. Laws § 33-14-8 — RI Code / Title 33 / Chapter 33-14 / Section 33-14-8
§ 33-14-8. Compensation of executors and administrators.
Status: in_force

Executors and administrators shall, also, be allowed in their accounts such compensation for their services as the probate court shall consider just.
R.I. Gen. Laws § 33-16-27 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-27
§ 33-16-27. Powers of federal agencies over persons committed  Retention of jurisdiction by court.
Status: in_force

Upon commitment, a person, when admitted to any facility operated by any federal agency within or outside of this state, shall be subject to the rules and regulations of the veterans administration or other agency. The chief officer of any facility of the veterans administration or institution operated by any other agency of the United States to which the person is committed shall with respect to that person be vested with the same powers as superintendents of state hospitals for mental diseases within this state with respect to retention of custody, transfer, parole or discharge. Jurisdiction is retained in the committing or other appropriate court of this state at any time to inquire into the mental condition of the person so committed, and to determine the necessity for continuance of his or her restraint, and all commitments pursuant to this chapter are so conditioned.
R.I. Gen. Laws § 33-11-24 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-24
§ 33-11-24. Hearings on insolvent estates.
Status: in_force

A personal representative, at any time during administration, may represent the insolvent estate to the probate court, and apply for the probate court to examine and determine claims. If the probate court finds the estate is probably insolvent, it shall hear and determine all disallowed claims and the priority of payment among all presented claims.
R.I. Gen. Laws § 33-2-5 — RI Code / Title 33 / Chapter 33-2 / Section 33-2-5
§ 33-2-5. Insurance policies.
Status: in_force

Where the insured and the beneficiary in a policy of life or accident insurance have died, and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
R.I. Gen. Laws § 33-2-1 — RI Code / Title 33 / Chapter 33-2 / Section 33-2-1
§ 33-2-1. Short title.
Status: in_force

This chapter may be cited as the Uniform Simultaneous Death Act.
R.I. Gen. Laws § 33-5-1 — RI Code / Title 33 / Chapter 33-5 / Section 33-5-1
§ 33-5-1. Definitions.
Status: in_force

As used in this chapter and chapter 6 of this title:

(1) Personal estate shall extend to leasehold estate, and other chattels real, and also to money, stocks and other funds, securities for money, debts, choses in action, rights, credits, goods, and all other property whatsoever which by law devolve upon the executor or administrator and to any share or interest therein;

(2) Real estate shall extend to lands, tenements and hereditaments, whether freehold or of any other tenure, and whether corporeal or incorporeal, and to any undivided share, of real estate, and to any estate, right or interest other than a chattel interest therein; and

(3) Will shall extend to a testament and to a codicil and to an appointment by will, or by writing in the nature of a will, in exercise of a power.
R.I. Gen. Laws § 33-24-1 — RI Code / Title 33 / Chapter 33-24 / Section 33-24-1
§ 33-24-1. Voluntary informal administration of small estates.
Status: in_force

(a) If a resident of Rhode Island dies leaving an estate consisting entirely of personal property the total value of which otherwise subject to being listed on a probate inventory pursuant to § 33-9-1, exclusive of tangible personal property of which the decedent was owner, does not exceed fifteen thousand dollars ($15,000) in value, his or her 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, may, 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.

(b) 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 voluntary administrator, 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.

(c) 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 administrator 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.

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

(e) A voluntary administrator 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, to the surviving spouse, or, if there is no surviving spouse, to the persons and in the proportions prescribed by § 33-1-10.

(f) A voluntary administrator 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 § 33-15-6.1 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-6.1
§ 33-15-6.1. National criminal background checks for persons appointed limited guardian or guardian.
Status: in_force

(a) In order to assist and protect Rhode Islands at-risk elderly and others over whom a limited guardian or guardian would be required, all persons applying for appointment as a limited guardian or guardian shall apply to the Rhode Island attorney general, the Rhode Island state police, or to the appropriate local police department for a nationwide criminal records check, utilizing a standard form to be provided by the probate court. The applicant whose criminal records check is being conducted shall be responsible for the payment of the costs of the criminal records check. The check will conform to the applicable federal standards, including the taking of fingerprints of the applicant.

(b) An individual may be appointed as a temporary limited guardian or temporary guardian for a period not to exceed ten (10) days, pending completion of the national criminal background check required by this section.

(c) For the purposes of this section, information produced by a national criminal records check pertaining to conviction for the following crimes may be considered as disqualifying information: murder; voluntary manslaughter; involuntary manslaughter; first-degree sexual assault; second-degree sexual assault; third-degree sexual assault; assault on persons sixty (60) years of age or older; assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crime against nature); felony assault; patient abuse; neglect or mistreatment of patients; burglary; first-degree arson; robbery; felony drug offenses; felony larceny or felony banking law violations; felony obtaining money under false pretenses; felony embezzlement; abuse, neglect, and/or exploitation of adults with severe impairments; exploitation of elders; or a crime under section 1128(a) of the Social Security Act (42 U.S.C. § 1320a-7(a)).

(d) For the purposes of this section, conviction means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and those instances where a defendant has entered into a deferred sentence agreement.

(e) If any disqualifying information is discovered with respect to the applicant, the bureau of criminal identification of the attorney general, state police, or the local police department will inform the probate court, in writing, without disclosing the nature of the disqualifying information, that an item of disqualifying nature has been discovered. In addition, the bureau of criminal identification of the attorney general, state police, or the local police department will inform the applicant, in writing, of the nature of the disqualifying information. An applicant against whom disqualifying information has been found may request that a copy of the criminal background report be sent to the probate court which shall make the determination of suitability of the applicant.

(f) At the conclusion of any background check required by this chapter, the bureau of criminal identification of the attorney general, state police, or the local police department will promptly destroy the fingerprint card of the applicant.

(g) In those situations in which no disqualifying information has been found, the bureau of criminal identification of the attorney general, state police, or the local police department shall inform both the applicant and the probate court of this fact.

(h) The probate court shall maintain a record subject to review by the department of attorney general of the evidence that criminal background checks have been initiated and completed and the results thereof, in compliance with the provisions of this section for all persons seeking appointment as a guardian or limited guardian after January 1, 2020.
R.I. Gen. Laws § 33-6-19 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-19
§ 33-6-19. Substitution of issue for beneficiary predeceasing testator.
Status: in_force

When any person to whom any real or personal estate shall be devised or bequeathed for any estate or interest not determinable at or before the death of that person, shall die in the lifetime of the testator, leaving issue, and any issue of that person shall be living at the time of the death of the testator, such devise or bequest shall not lapse, but shall take effect and operate as a devise or bequest from the testator to that issue, in such proportions as the estate of the devisee or legatee would go to them had he or she died intestate immediately after the death of the testator, unless a contrary intention shall appear by the will.
R.I. Gen. Laws § 33-14-6 — RI Code / Title 33 / Chapter 33-14 / Section 33-14-6
§ 33-14-6. Charges and disbursements allowed.
Status: in_force

Executors and administrators shall be allowed in their accounts all reasonable and proper charges and disbursements made by them for the funeral of the deceased and in the execution of their trust.
R.I. Gen. Laws § 33-16-20 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-20
§ 33-16-20. Compensation of guardians.
Status: in_force

Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent (5%) of the amount of money received during the period covered by the account. In the event of extraordinary services by any guardian, the court, upon petition and hearing, may authorize reasonable additional compensation for the guardian. A copy of the petition and notice of hearing shall be given to the proper office of the veterans administration in the manner provided in the case of a hearing on a guardians account or other pleading. No commission or compensation shall be allowed on the money or other assets received from a prior guardian, nor upon the amount received from liquidation of loans, or other investments.
R.I. Gen. Laws § 33-16-7 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-7
§ 33-16-7. Contents of petition for appointment.
Status: in_force

The petition for appointment shall set forth the name, age, place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the veterans administration and shall set forth the amount of money then due and the amount of probable future payments.
R.I. Gen. Laws § 33-19-3 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-3
§ 33-19-3. Authority to sell real estate.
Status: in_force

The probate court which issued letters testamentary, of administration, guardianship, or conservatorship may grant authority to an executor or administrator to sell the real estate of a deceased person, or to a guardian or conservator to sell the real estate of his or her ward, for cash or on credit, upon a petition filed describing the particular estate to be sold and setting forth the facts on which the petition is founded.
R.I. Gen. Laws § 33-20-3 — RI Code / Title 33 / Chapter 33-20 / Section 33-20-3
§ 33-20-3. Wartime meaning of last known address.
Status: in_force

During such time as the United States shall be engaged in any war, the term last known address, as used in § 33-20-2, shall be construed to mean the last known address within the confines of the United States.
R.I. Gen. Laws § 33-7-7.1 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-7.1
§ 33-7-7.1. Disposition of documents intended as last wills and testaments in the possession of the probate courts.
Status: in_force

The several city and town probate courts within the state are hereby authorized and directed to return all documents in their possession intended as last wills and testaments and accepted in accordance with the provisions of this chapter as follows:

(1) A notice, by certified mail, shall be sent to each testator, and/or person designated to receive the will upon death, including the drafting attorney, if known, at the last known address of each, indicating that the probate courts are no longer required to maintain custody of such documents and that the documents are available for return upon execution of the appropriate receipt.

(2) The probate courts shall not be required to retain further possession of such documents for a period not to exceed twelve (12) months following the issuance of the certified mail notice.
R.I. Gen. Laws § 33-17-1 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-1
§ 33-17-1. Conditions of bond.
Status: in_force

Every executor, administrator, and guardian, before entering upon the execution of his or her trust, shall give bond to the probate court in any sum as it shall require, with sufficient surety or sureties, and with condition, except as provided in §§ 33-17-3 and 33-17-4, substantially as follows:

(1) In the case of an executor or administrator with the will annexed:

(i) To make and return to the probate court, as by law required, a true inventory of all the testators personal property which, at the time of making the inventory, shall have come to his or her possession or knowledge.

(ii) To administer according to law and the will of the testator, all the personal property of the testator which may come to his or her possession or into the possession of any person for him or her, and all rents and proceeds of real estate which may be received by him or her.

(iii) To render upon oath true accounts of his or her administration, as by law required.

(2) In the case of an administrator:

(i) To make and return to the probate court, as by law required, a true inventory of all the intestates personal property which, at the time of making the inventory, shall have come to his or her possession or knowledge.

(ii) To administer according to law all the personal property of the deceased and rents which may come into his or her possession or into the possession of any person for him or her.

(iii) To render upon oath true accounts of his or her administration, as by law required.

(iv) To deliver his or her letters of administration into the court if a will of the deceased is thereafter proved and allowed, and to settle his or her account in the probate court and to pay over and deliver all the assets remaining in his or her hands or due from him or her on settlement to the executor of the will.

(3) In the case of a guardian of an estate:

(i) To make and return to the probate court, as by law required, a true inventory of all the real and personal property of the ward which, at the time of making inventory, shall have come to his or her possession or knowledge.

(ii) To manage and dispose of all property according to law and for the best interests of the ward, and faithfully to perform his or her trust.

(iii) To render upon oath, as by law required, a true account of the property of his or her ward and of his or her management and disposition thereof.

(iv) At the expiration of his or her trust to settle his or her account in the probate court, or with the ward or his or her legal representative, and to pay over and deliver all the property remaining in his or her hands or due from him or her on settlement to the person entitled to the property.
R.I. Gen. Laws § 33-18-11 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-11
§ 33-18-11. Death, resignation, or removal of fiduciarys agent from state.
Status: in_force

If an agent appointed under the provisions of §§ 33-18-9 and 33-18-10 dies, resigns, or leaves the state before the final settlement of the estate, another like appointment shall be made and filed as above provided.
R.I. Gen. Laws § 33-17-22 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-22
§ 33-17-22. Action on judgment for penalty.
Status: in_force

After judgment for the penalty of a bond, any person interested, upon giving surety for costs as in other cases, may bring a civil action on the judgment; and upon proof of his or her claim may have judgment so that an execution shall issue to his or her use.
R.I. Gen. Laws § 33-21-10 — RI Code / Title 33 / Chapter 33-21 / Section 33-21-10
§ 33-21-10. Record of proceedings.
Status: in_force

The town treasurer shall keep an exact record of his or her proceedings under the provisions of this chapter.
R.I. Gen. Laws § 33-17-1.2 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-1.2
§ 33-17-1.2. When surety not required.
Status: in_force

(a) No surety shall be required on any bond, including surety on a bond for the sale of real estate, of an administrator of the estate of a person who died intestate, when the administrator is the surviving spouse or the sole heir of the decedent, or when the administrator is an heir-at-law of the decedent who demonstrates to the satisfaction of the probate court that circumstances warrant the waiver of surety and/or that no surety should be required. The probate court may require surety in any instance where it finds the circumstances so warrant such surety.

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

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

(2) The relationship of the heirs at law to one another;

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

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

In making a determination pursuant to provisions of this section, the court may conduct such hearings as it deems appropriate.
R.I. Gen. Laws § 33-23-14 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-14
§ 33-23-14. Modification of decrees after discontinuance of appeal.
Status: in_force

In case an appeal shall have been taken from a decree granting letters testamentary, or of administration with the will annexed, or of administration, or of guardianship, any order or decree of the probate court made previous to discontinuance of the appeal, prescribing the amount and nature of bonds to be given by the executor, administrator, or guardian, may, after discontinuance, be modified or vacated, and new orders and decrees may be substituted if necessary, and bonds given accordingly; and in case of the modification or vacation of any such former orders or decrees, the bond or bonds given thereunder may be cancelled and discharged by the probate court.
R.I. Gen. Laws § 33-15-4 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-4
§ 33-15-4. Limited guardianship.
Status: in_force

(a)(1) Absent a finding, based on a decision making assessment tool, that an individual is totally incapacitated, the court shall limit the scope of the powers and duties of a guardian to the terms best suited to allow the individual found partially incapacitated to participate as fully as possible in decisions affecting him or her. One such decision making assessment tool must be completed by the respondents primary care physician, if one exists and is available, otherwise by a physician who has examined and treated the respondent. The probate court may consider such additional decision making assessments tools signed and submitted by one or more non-physicians or consulting physicians. The court shall not appoint a guardian or limited guardian if the court finds that the needs of the proposed ward are being met or can be met by a less restrictive alternative or alternatives. The court shall authorize the guardian to make decisions for the individual in only those areas where the court finds, based on one or more decision making assessment tools, that the individual lacks the capacity to make decisions. The court must strike a delicate balance between providing the protection and support necessary to assist the individual and preserving, to the largest degree possible, the liberty, property and privacy interests of the individual. The certificate of appointment issued to the limited guardian shall clearly state that it is a limited guardianship. The court order shall clearly indicate the scope of the powers and duties of the limited guardian. The appointment of a limited guardian shall not constitute a finding of legal incompetence. An individual for whom a limited guardian is appointed shall retain all legal and civil rights except those which have been specifically suspended by the order.

(2) A decision-making assessment tool, in the form as shown in § 33-15-47, must be filed with the petition in each case, provided, that the probate court may excuse the filing of a decision-making assessment tool only on a petition for temporary guardianship in extraordinary or emergency circumstances and upon the provision of other competent evidence.

(3) The individuals primary care physician must complete the decision-making assessment tool, however, if the individuals primary care physician is not available or if the individual does not have a primary care physician the decision-making assessment tool must be completed by a physician who has examined and treated the individual. Professionals, or other persons acquainted with the individual being assessed, may also complete additional decision-making assessment tools.

(4) Modification. If, because of a change in the partially incapacitated individuals level of decision making ability, the scope and duties of the limited guardianship order no longer meet the needs of the individual and/or fail to afford the individual as much autonomy as possible, modification of the limited guardianship order is required.

(i) Modification can be accomplished by agreement of: the partially incapacitated individual, his or her counsel, if any and the limited guardian. This agreement shall be submitted to the court and entered as an order.

(ii) Where no agreement can be reached, among these parties any or all of the parties may request a hearing.

(b) However, provisions of this chapter shall not be construed to mean a person is in need of a guardian or limited guardian solely because he or she is being furnished or relies upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a church or religious denomination recognized by the laws of this state.
R.I. Gen. Laws § 33-14-13 — RI Code / Title 33 / Chapter 33-14 / Section 33-14-13
§ 33-14-13. Reopening of estates and administrations without court approval for assets totaling five thousand dollars ($5,000) or less.
Status: in_force

(a) Subsequent to the filing of a final account of any estate or administration or an affidavit of completed administration pursuant to the provisions of § 33-14-1, an estate or administration may be reopened by the executor or administrator without the consent of the probate court provided that the executor or administrator:

(1) Files an affidavit with the court listing every newly discovered asset discovered by the executor or administrator along with its fair market value;

(2) Provides notice to the persons who would take under the provisions of § 33-1-10 in the case of intestacy listing the asset(s) along with the fair market value;

(3) Provides notice, if applicable, to those persons who would take under the provisions of the will listing the asset(s) along with the fair market value; and

(4) Files a statement with the court and provides a copy to those persons described in subsections (a)(2) and (a)(3) setting forth the proposed distribution of the asset(s) or the funds received as a result of the sale of the asset(s).

(b) If no objection is filed by said persons within thirty (30) days of the filing of the affidavit and statement, the executor or administrator may proceed to dispose of the asset(s) as indicated. If objection is filed, the probate court shall schedule a hearing on the objection within thirty (30) days of its receipt.

(c) Upon completion of the distribution of the asset(s) per the statement or per any order of the probate court, the executor or administrator shall file an affidavit stating the names and the addresses of the persons receiving the asset(s), the value or amount received, and attesting that the estate or administration has now been finalized.

(d) The procedure set forth in subsection (a) may only be used when the asset(s) subsequently discovered do not exceed the sum of five thousand dollars ($5,000) in the aggregate.

(e) The executor or administrator shall be liable in his or her own wrong to all persons aggrieved by his or her actions taken in conformance with the provisions of this section.
R.I. Gen. Laws § 33-16-12 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-12
§ 33-16-12. Notice of petition for guardianship.
Status: in_force

(a) Upon the filing of a petition for the appointment of a guardian under this chapter, notice shall be given to the ward, to any other persons, and in any manner as is provided by the general law of this state, and also to the veterans administration as provided by this chapter.

(b) Where no person is designated to give a notice required by this section, the clerk of the proper court shall give the requisite notice.
R.I. Gen. Laws § 33-8-6 — RI Code / Title 33 / Chapter 33-8 / Section 33-8-6
§ 33-8-6. Executor of executor.
Status: in_force

The executor of an executor shall not, as such, administer the estate of the first testator.
R.I. Gen. Laws § 33-13-8.1 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-8.1
§ 33-13-8.1. Distributions in kind in satisfaction of pecuniary bequests.
Status: in_force

(a) As used in this section, the terms pecuniary bequests and transfer in trust of a pecuniary amount mean, respectively, a bequest in a will or a transfer under a trust agreement of a specific amount of money, which amount is either expressly stated in the instrument or determinable by means of a formula which is stated in the instrument.

(b) Whether a bequest or transfer in trust is pecuniary in character depends upon the intention of the testator or grantor.

(c) Where a will or a trust agreement authorizes the executor, administrator, or trustee (hereinafter called the fiduciary) to satisfy wholly or partly in kind a pecuniary bequest or transfer in trust of a pecuniary amount, unless the instrument shall otherwise expressly provide, the assets selected by the fiduciary for that purpose shall be valued at their respective values on the date or dates of their distribution.

(d) Where a will or a trust agreement authorizes the fiduciary to satisfy wholly or partly in kind a pecuniary bequest or transfer in trust of a pecuniary amount and the instrument requires the fiduciary to value the assets selected by the fiduciary for distribution as of a date other than the date or dates of their distribution, unless the instrument shall otherwise expressly provide, the assets selected by the fiduciary for that purpose, together with any cash distributed, shall have an aggregate value on the date or dates of their distribution amounting to no less than, and to the extent practicable to no more than, the amount of the bequest or transfer in trust as stated in, or determined by the formula stated in, the instrument.
R.I. Gen. Laws § 33-18-12 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-12
§ 33-18-12. Revocation of power of fiduciarys agent.
Status: in_force

The power of an agent appointed under either of §§ 33-18-9  33-18-11 shall not be revoked until the final settlement of the estate, unless another agent is appointed in his or her place and the appointment filed as above provided.
R.I. Gen. Laws § 33-28-1 — RI Code / Title 33 / Chapter 33-28 / Section 33-28-1
§ 33-28-1. Elective share.
Status: in_force

(a) The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this chapter, to take an elective share equal to:

(1) The life estate and allowance in an intestates real estate titled in the name of the decedent individually at the time of the decedents death pursuant to §§33-1-5 and 33-1-6; and

(2) The share of the decedents personal estate subject to probate pursuant to §33-1-10.

The elective share may be taken in kind or the value thereof.

(b) If the right of election is exercised by, or on behalf of, the surviving spouse, the surviving spouses allowances pursuant to chapter 10 of this title, if any, are not charged against, but are in addition to, the elective share.

(c) The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedents domicile at death.
R.I. Gen. Laws § 33-11-37 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-37
§ 33-11-37. Notice of disallowance by probate court.
Status: in_force

If a claim against a solvent or insolvent estate is disallowed in whole or in part by the probate court, the probate clerk shall mail a written notice of the disallowance to the claimant or to his or her attorney within seven (7) days after the filing of the courts order.
R.I. Gen. Laws § 33-15-4.3 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-4.3
§ 33-15-4.3. No cash surety required.
Status: in_force

Notwithstanding the provisions of R.I.G.L. § 33-17-1.3, surety shall not be required on any bond of a good Samaritan guardian unless the probate court determines that the circumstances so warrant surety.
R.I. Gen. Laws § 33-9-14 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-14
§ 33-9-14. Authority of executor or administrator to borrow.
Status: in_force

Whenever it shall for any reason appear to be desirable for an executor or administrator to borrow money, the superior court, upon bill or petition in equity filed by the executor or administrator, may authorize the executor or administrator to borrow, for any one or more of the purposes specified in § 33-9-15, such sum or sums, for such period or periods of time, and upon such terms and conditions as the court shall deem advisable, and the court may authorize the executor or administrator to mortgage, pledge, or otherwise subject to lien, as security for the repayment of the money borrowed, the whole or any part or parts of the personal estate in his hands; provided, however, that property specifically bequeathed shall not be mortgaged, pledged, or otherwise subjected to lien so long as there remains personal property not specifically bequeathed which may be so mortgaged, pledged, or otherwise subjected to lien. For the purpose of exercising any powers so granted, an executor or administrator may execute such promissory notes, bonds, mortgages, deeds of trust or other instruments, containing such powers of sale, conditions, covenants or other provisions, as may be necessary or proper in the circumstances. In granting this authority, the court may impose such conditions or restrictions and give such directions as it may deem advisable; and the court may either direct that particular property may be so mortgaged or pledged, or may authorize the executor or administrator to mortgage or pledge the whole or such part or parts of the personal estate in his or her hands as he or she may in his or her discretion deem advisable, subject, however, to the provisions in regard to property specifically bequeathed.
R.I. Gen. Laws § 33-17-19 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-19
§ 33-17-19. Hearing and judgment of forfeiture of bond.
Status: in_force

Upon a hearing upon the forfeiture of a bond, the court shall examine the claims of the several persons whose names are indorsed upon the writ, and judgment shall be rendered for those persons, respectively, for the amount so ascertained to be due to each (but with only one bill of costs, each claimant, however, being allowed fees of witnesses called in his or her behalf), in form, substantially, that the probate court shall have execution for the judgment to the use of the persons in whose favor judgment shall be rendered.
R.I. Gen. Laws § 33-6-23 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-23
§ 33-6-23. Pretermitted issue.
Status: in_force

When a testator omits to provide in his or her will for any child of his or hers born after the execution of his or her will, either during his or her lifetime or after his or her death, or for any issue of a deceased child of his or hers dying after the execution of his or her will, or for any issue born after the execution of his or her will of a deceased child of his or hers dying before the wills execution, that child or issue shall take the same share of the testators estate as that child or issue would have been entitled to if the testator had died intestate, unless it appears that the omission was intentional and not occasioned by accident or mistake. The term will, as used in this section, shall be deemed to include the testators will and all codicils thereto effective at the testators death; and the term the execution of his or her will shall be deemed, in a case in which there is a codicil or codicils, to refer to the execution of the latest codicil effective at the testators death.
R.I. Gen. Laws § 33-17-27 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-27
§ 33-17-27. Judgment and execution in suit for failure to inventory or account.
Status: in_force

In the cases mentioned in § 33-17-26, judgment shall be rendered against the executor or administrator so in default for the full penalty of the bond; and, upon a hearing upon forfeiture, the court shall award execution against the executor or administrator in favor of the probate court for the full value of the personal estate of the deceased proved to have come to his or her hands, or, in case he or she has once accounted, remaining or being in his or her hands at and since the last accounting, without any discount, abatement, or allowance for charges and expenses of administration.
R.I. Gen. Laws § 33-17-23 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-23
§ 33-17-23. Obligors not released by judgment on bond.
Status: in_force

No suit or judgment on a bond shall abate or bar any suit thereon against any obligor against whom no suit has been commenced or judgment rendered.
R.I. Gen. Laws § 33-9-6 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-6
§ 33-9-6. Marking and care of decedents grave.
Status: in_force

An executor or administrator of a solvent estate may erect a headstone, and with the permission of the probate court may erect a monument, and with like permission an executor or administrator of an insolvent estate may erect a headstone at the grave of his testator or intestate. An executor or administrator of a solvent estate may with the permission of the probate court pay to a cemetery corporation or to a town or city a reasonable sum for the perpetual care of the monument, the headstone, and the lot in which the body of the testator or intestate is buried. Where the permission of the probate court is required, it shall determine the amount of the payment and to whom the payment shall be paid. All reasonable payments made under this section shall be allowed as part of the funeral charges in the settlement of the accounts of the executor or administrator.
R.I. Gen. Laws § 33-3-6 — RI Code / Title 33 / Chapter 33-3 / Section 33-3-6
§ 33-3-6. Division of property by commissioners.
Status: in_force

The commissioners shall proceed, as soon as may be after receiving their warrant, to execute the duties required of them by virtue thereof and divide the real estate in the manner and proportions prescribed in the decree recited in the warrant.
R.I. Gen. Laws § 33-16-11 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-11
§ 33-16-11. Certificate of mental incompetence as evidence of necessity for guardian.
Status: in_force

Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his or her duly authorized representative, that the person has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration, and that the appointment of a guardian is a condition precedent to the payment of any money due the ward by the veterans administration, shall be prima facie evidence of the necessity for the appointment.
R.I. Gen. Laws § 33-17-15 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-15
§ 33-17-15. Beneficiaries of suit on bond shown  Costs.
Status: in_force

The writ, in addition to the usual indorsement of the name of the plaintiff and attorney, if there be one, shall also have written thereon the name or names of the person or persons for whose benefit the suit is brought, who shall give surety for costs as in other cases, and against whom, if the defendant recover, execution for costs shall issue.
R.I. Gen. Laws § 33-6-10 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-10
§ 33-6-10. Limitation on fee tail.
Status: in_force

No person seised in fee simple shall have a right to devise any estate in fee tail for a longer time than to the children of the first devisee; and a devise for life to any person and to the children or issue generally of the devisee in fee simple, shall not vest a fee tail estate in the first devisee but an estate for life only, and the remainder shall on his or her death vest in his or her children or issue generally agreeably to the direction of the will.
R.I. Gen. Laws § 33-18-5 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-5
§ 33-18-5. Appointment of new fiduciary  Powers of survivors  New bond.
Status: in_force

In case the person so resigning was the sole executor, administrator, or guardian, the court shall appoint an administrator or guardian as a successor; if he or she were a joint executor or joint testamentary guardian, the continuing executor or guardian, if required, shall give a new bond; but if he or she were a joint administrator or guardian appointed by the court, a new administrator or guardian, if deemed advisable, may be appointed in the place of the one so resigning; and a new bond of the survivor, or of the survivor with the new administrator or guardian, shall be given, and other proceedings shall be taken as may be deemed advisable.
R.I. Gen. Laws § 33-8-7 — RI Code / Title 33 / Chapter 33-8 / Section 33-8-7
§ 33-8-7. Residence of administrator.
Status: in_force

No person not an inhabitant of this state shall be appointed administrator by reason of any right to the trust, unless other circumstances, in the opinion of the court, render the appointment proper.
R.I. Gen. Laws § 33-13-18 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-18
§ 33-13-18. Failure of creditor to join all defendants  Addition of parties.
Status: in_force

An action under §§ 33-13-15 and 33-13-16 shall not be dismissed or barred for not making all persons who might have been so included defendants; but, in any stage of the cause, the court, upon terms as may be deemed reasonable, may summon in other parties and allow amendments as may be necessary.
R.I. Gen. Laws § 33-15-19 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-19
§ 33-15-19. Inventory and appraisement of estate.
Status: in_force

(a) Within thirty (30) days after his or her appointment, or any longer time that may be allowed by the probate court, a temporary guardian, guardian, or limited guardian shall return to the probate court, under oath, an inventory and appraisement of all the real and personal property of his or her ward, as of the date of the guardians qualification to be made by either the guardian and/or a suitable, disinterested person or persons appointed by the court. The appraisers shall be sworn to the faithful discharge of their trust.

(b) In appraising the wards interest in any assets held by the ward jointly or in some other form of concurrent ownership with another party, the appraiser shall include on the inventory an explanation for the basis for appraising the inventory, as either all, none, or a portion of the value of the assets.
R.I. Gen. Laws § 33-18-8 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-8
§ 33-18-8. Judgment against fiduciary in continuation of action by or against decedent.
Status: in_force

If an executor, administrator, or guardian shall neglect to appear and take upon himself or herself the prosecution or defense of an action, suit, or proceeding as provided in § 33-9-24, being duly notified thereof by order of the court where the same shall be pending, or if, having appeared and become a party thereto, judgment shall pass against the executor, administrator, or guardian, the court, subject to the provisions of § 33-11-44, may enter judgment against the estate in the hands of the executor, administrator, or guardian, and the like process shall be had thereon as if the action, suit, or proceeding had been originally commenced against him or her in his or her original capacity.
R.I. Gen. Laws § 33-16-14 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-14
§ 33-16-14. Sureties on bond.
Status: in_force

Where a bond is tendered by a guardian with personal sureties, there shall be at least two (2) sureties and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all his or her debts and liabilities and the aggregate of other bonds on which he or she is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium on the bond to be paid from the wards estate.
R.I. Gen. Laws § 33-15-24 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-24
§ 33-15-24. Period after notice of claims disallowance during which actions barred  Amount to which creditor entitled  Service on limited guardian or guardian.
Status: in_force

No action shall be brought or prosecuted against any person under limited guardianship or guardianship within seven (7) months after the first publication of the notice. A creditor shall be entitled to his or her whole claim if the estate, is solvent, or a dividend if the estate should prove insolvent, upon any sum as he or she may be allowed or recover. The party bringing suit, in addition to the service of the original writ, shall cause a true copy thereof to be served upon the limited guardian or guardian.
R.I. Gen. Laws § 33-11-4 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-4
§ 33-11-4. Manner of presentation of claims.
Status: in_force

Claims against a decedents estate may be presented as follows:

(1) The claimant shall present a written statement of the claim with the clerk of the probate court indicating its basis, the amount claimed (if known), the name and address of the claimant, and the name and address of the claimants attorney (if any) and deliver or mail a copy thereof to the personal representative. The claim is deemed presented when filed with the probate court. The claimant has the burden of establishing proper and timely presentation of the claim. If the claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the condition or uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to accurately describe the due date of claim not yet due, the nature of any condition or uncertainty, or the security, does not invalidate the presentation made.

(2) No presentation of claim is required for matters already claimed in proceedings which were pending against the decedent at the time of his or her death. No personal representative shall be held to defend and no decedents estate shall be held liable for any claim pending against the decedent until the estate shall be joined as a party with notice to the probate court and the personal representative served.
R.I. Gen. Laws § 33-15-7 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-7
§ 33-15-7. Guardians ad litem  Duties  Legally incapacitated respondents right to counsel  Termination of appointment of guardian ad litem.
Status: in_force

(a) Upon filing with the probate court clerk of a petition for the appointment of a guardian, a guardian ad litem shall be appointed for each respondent only in the proceeding for guardianship of an adult.

(b) The guardian ad litem need not be an attorney but shall have sufficient experience and/or training in dealing with elderly persons and persons with incapacities and/or disabilities and understanding of his or her role as guardian ad litem to be able to properly discharge such duties under subsection (c) below. Each probate court shall maintain a list of persons deemed qualified to serve as a guardian ad litem and shall appoint from that list on a rotating basis. Any guardian ad litem appointed for a respondent shall be ineligible to serve as legal counsel, temporary guardian, or permanent guardian for that respondent.

(c) The duties of a guardian ad litem shall include all of the following:

(1) Personally visiting the respondent;

(2) Explaining to the respondent the nature, purpose, and legal effect of the appointment of a guardian;

(3) Explaining to the respondent the hearing procedure, including, but not limited to, the right to contest the petition, to request limits on the guardians powers, to object to a particular person being appointed guardian, to be present at the hearing, and to be represented by legal counsel;

(4) Informing the respondent of the name of the person known to be seeking appointment as guardian;

(5) Reviewing the decision making assessment tool(s), petition for guardianship/limited guardianship, and the notice;

(6) Interviewing the prospective guardian by telephone or in person; and

(7) Making determinations, and informing the court of those determinations, on all of the following:

(i) Whether the respondent wishes to be present at the hearing;

(ii) Whether the respondent wishes to contest the petition;

(iii) Whether the respondent wishes limits placed on the guardians powers;

(iv) Whether the respondent objects to a particular person being appointed guardian; and

(v) Whether the respondent wishes to be represented by legal counsel.

Unless waived by the court, at least three (3) days prior to the hearing, the guardian ad litem shall file a report substantially in the form as set forth in §33-15-47 with the court and shall mail or hand deliver a copy to each attorney of record.

(d) If the respondent wishes to contest the petition, to have limits placed on the guardians powers, or to object to a particular person being appointed guardian, and, if legal counsel has not been secured, the court shall appoint legal counsel.

(e) If the respondent requests legal counsel, or if the guardian ad litem determines it is in the best interest of the respondent to have legal counsel, and if legal counsel has not been secured, the court shall appoint legal counsel.

(f) If the respondent has legal counsel independently or appointed pursuant to subsection (d) or (e), the appointment of a guardian ad litem shall terminate except insofar as informing the court of the respondents wishes and objections determined pursuant to subsection (c).

(g) The guardian ad litem shall not interfere with interested parties and their counsel in gathering and presenting evidence according to court orders and rules of discovery and evidence. The guardian ad litem may be called and confronted as a witness regarding his or her conclusions as submitted by report and the extent of his or her personal knowledge concerning the respondent.

(h) Court awarded guardian ad litem fees shall not exceed eight hundred dollars ($800), which shall be paid by the petitioner for guardianship if a permanent guardian is not appointed for the respondent or by the guardian of the wards estate if a permanent guardian is appointed. The court has discretion to award guardian ad litem fees in excess of the cap if the circumstances warrant.
R.I. Gen. Laws § 33-6-32 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-32
§ 33-6-32. Filing of original wills.
Status: in_force

Original wills shall be kept on file in the probate court where they were proved, and shall only be taken from the files by order of the court or under the provisions of statutes now or hereafter in force.
R.I. Gen. Laws § 33-14-10 — RI Code / Title 33 / Chapter 33-14 / Section 33-14-10
§ 33-14-10. Application of small amounts due to persons under disability.
Status: in_force

Whenever it shall appear in the final account of an executor or administrator that the estate of a minor or person non compos mentis in his or her hands does not exceed five thousand dollars ($5,000), the sum may be applied or disposed of in such manner as the probate court shall deem for the advantage of the minor or person non compos mentis.
R.I. Gen. Laws § 33-12-10 — RI Code / Title 33 / Chapter 33-12 / Section 33-12-10
§ 33-12-10. Application of rents and income from real estate for repairs, taxes, and mortgage.
Status: in_force

The executor or administrator shall have the care and control of the real estate covered by the decree mentioned in § 33-12-9, and shall apply so much as may be necessary of the rents and income in repairs and maintenance of the real estate and in payment of taxes and insurance on the property. He or she shall have the power, under the direction of the probate court, to apply the rents and income in payment of the interest on any mortgage on the property. And the amount received and applied shall be accounted for in his or her account as executor or administrator, and shall be subject to the approval and allowance by the court as in cases of personal property.
R.I. Gen. Laws § 33-26-1 — RI Code / Title 33 / Chapter 33-26 / Section 33-26-1
§ 33-26-1. Legislative commission established.
Status: in_force

(a) There is hereby established a special legislative commission consisting of twenty-one (21) members: three (3) of whom shall be from the house of representatives, not more than two (2) from the same political party to be appointed by the speaker; two (2) of whom shall be from the senate, not more than one from the same political party, to be appointed by the president of the senate; one of whom shall be the president of the Rhode Island Probate Judges Association, or his or her designee, one of whom shall be the president of the Rhode Island Town Clerks Association, or his or her designee; five (5) of whom shall be members in good standing of the Rhode Island Bar Association with experience in probate matters, of whom three (3) shall be appointed by the speaker and two (2) by the president of the senate; two (2) of whom shall be currently serving probate clerks, one to be appointed by the speaker and one to be appointed by the president of the senate; one of whom shall be the chairperson of the Rhode Island Bar Association Committee on Probate and Trust Law; and one of whom shall be the executive director, or his or her designee, of the alliance for better long-term care; one of whom shall be appointed by the director of the department of elderly affairs; and four (4) of whom shall be members of the general public who have an interest in probate matters, of whom one shall be appointed by the speaker, one of whom shall be appointed by the house minority leader, and one by the president of the senate and one by the senate minority leader. Each member shall serve for a term of two (2) years or until his or her successor is appointed, whichever occurs later.

(b) In lieu of any appointment of a member of the legislature to a permanent advisory commission, a legislative study commission, or any commission created by a general assembly resolution, the appointing authority may appoint a member of the general public to serve in lieu of a legislator, provided that the president of the senate or the minority leader of the political party which is entitled to the appointment consents to the appointment of the member of the general public.

(c) The purpose of said commission shall be to study the feasibility of modernizing probate law and procedure in Rhode Island, including but not limited to the feasibility of adopting the Uniform Probate Code, and to make recommendations therefor.

(d) Forthwith upon passage of this resolution, the members of the commission shall meet at the call of the speaker of the house and organize and shall select from among their members a chairperson. Vacancies in said commission shall be filled in like manner as the original appointment.

(e) The membership of said commission shall receive no compensation for their services.

(f) All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to said commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this resolution.

(g) The speaker of the house is hereby authorized and directed to provide suitable quarters for said commission.

(h) The commission shall report its findings and recommendations to the general assembly on an annual basis on or before February 10 of each year.
R.I. Gen. Laws § 33-23-11 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-11
§ 33-23-11. Failure to file appeal claimed.
Status: in_force

If the appellant fails to file his or her reasons of appeal in the superior court within the time allowed by § 33-23-1(a)(2), the probate court from which the appeal was taken shall, upon petition of any person interested, and upon such notice to the appellant as the court shall order, affirm the order or decree appealed from and further proceed as if no claim of appeal had been filed; and in that case the probate court may award double costs against the appellant.
R.I. Gen. Laws § 33-19-22 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-22
§ 33-19-22. Validity of sale as against claimant adverse to decedent or ward.
Status: in_force

If the validity of a sale is drawn in question by a person claiming adversely to the title of the deceased or of the ward, or claiming under a title that is not derived from or through the deceased or the ward, the sale shall not be held to be void on account of any irregularity in the proceedings, if it appears that the executor, administrator or guardian was authorized to make the sale by a court of competent jurisdiction, and that he or she accordingly executed and acknowledged in legal form a deed for the conveyance of the premises.
R.I. Gen. Laws § 33-13-15 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-15
§ 33-13-15. Action by creditor against heirs, next of kin, devisees, and legatees.
Status: in_force

Any creditor holding a contingent claim, the right of action on which did not accrue during the period of six (6) months, who shall bring his or her action within one year after his or her right of action accrues, and any creditor who from accident, mistake or other cause has failed to file his or her claim within six (6) months after the first publication of notice who shall bring his or her action not later than three (3) years after the first publication, may recover his or her claim against the heirs and next of kin of the deceased, or against the devisees and legatees under his or her will, each one of whom shall be liable to the creditor to an amount not exceeding the value of real or personal estate that he or she has received from the deceased. But, if by the will of the deceased any part of his or her estate, or any one or more of the devisees or legatees, is made exclusively liable for the claim in exoneration of the residue of the estate or of other devisees or legatees, those provisions of the will shall be complied with and the persons and estates so exempted shall be liable for only so much of the claims as cannot be recovered from those who are first chargeable therewith.
R.I. Gen. Laws § 33-21A-6 — RI Code / Title 33 / Chapter 33-21A / Section 33-21A-6
§ 33-21A-6. Indemnification of the United States.
Status: in_force

This state shall indemnify the United States for any losses suffered as a result of the escheat of unclaimed postal savings system accounts. The burden of indemnification falls upon the fund into which the proceeds of the escheated accounts have been paid.
R.I. Gen. Laws § 33-17-6 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-6
§ 33-17-6. Defective bonds.
Status: in_force

An executor, administrator or guardian who has given to the probate court an instrument purporting to be a bond, which has been accepted as a bond by the court having jurisdiction to accept it, shall be qualified as if he or she had given a proper bond, notwithstanding any defect in the instrument and notwithstanding any error committed in giving or accepting the bond; but nothing contained in this section shall affect the right of appeal in these cases or the right of the court to require a proper bond at any time. In case an appeal be sustained, the provisions of § 33-17-5 shall not apply, if a new and satisfactory bond be given within thirty (30) days after a final decree in the appeal.
R.I. Gen. Laws § 33-7-14 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-14
§ 33-7-14. Representation of parties under disability.
Status: in_force

If a person under legal disability is a necessary party to a civil action, he or she shall be represented by his or her guardian, or by a guardian ad litem appointed by the court, who shall, in the name and in behalf of the party he or she represents, make and receive all proper conveyances and payments necessary to carry into effect any compromise sanctioned by the court.
R.I. Gen. Laws § 33-9-28 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-28
§ 33-9-28. Civil action with suggestion of waste.
Status: in_force

If execution shall issue against the estate of the testator or intestate in the hands of the executor or administrator, and the officer charged with the service thereof shall return thereon that he or she cannot find any estate whereon to levy the execution, and that the execution has not been satisfied by the executor or administrator, a civil action may be brought in the same court within two (2) years after the date of the first publication of the notice of the qualification of the first executor or administrator against the executor or administrator, alleging a suggestion or waste; and after process has been duly served by the officer to whom it shall be directed and by him or her returned, if the executor or administrator makes default of appearance, or, coming in, shall not show sufficient cause to the contrary, judgment and execution shall be awarded against him or her and his or her own proper estate for the sum recovered, with interest due thereon, with costs, and, for want of estate, against the body of the executor or administrator.
R.I. Gen. Laws § 33-11-48 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-48
§ 33-11-48. Action on disallowed claim.
Status: in_force

Civil action on claims disallowed prior to the expiration of six (6) months from first publication may be brought in the district or superior court depending upon the amount in controversy no later than thirty (30) days after the expiration of six (6) months from first publication, and such civil action on claims disallowed after the expiration of six (6) months from first publication may be brought within thirty (30) days after notice is given to the claimant that the claim is disallowed or within thirty (30) days after said disallowance is affirmed by the probate court, whichever is later, unless the estate has been represented as insolvent. If, subsequent to the expiration of the period in which such civil action may be brought, the personal representative shall represent the estate as insolvent, a disallowed claim, on which suit is barred by the foregoing provision of this section, shall not be provable before the probate court.
R.I. Gen. Laws § 33-23-20 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-20
§ 33-23-20. Conclusiveness of advice or direction of probate court.
Status: in_force

In all cases where an executor, administrator, or guardian is directed by law to obtain the advice and direction of the probate court before acting, there shall be no appeal from that advice or direction; and the advice and direction shall be conclusive, and all parties acting on the advice and direction shall be protected thereunder.
R.I. Gen. Laws § 33-21-5 — RI Code / Title 33 / Chapter 33-21 / Section 33-21-5
§ 33-21-5. Order for sale of real estate.
Status: in_force

Whenever a town shall have been in possession of any real estate under the provisions of § 33-21-1 for ten (10) years without any person having claimed the same as heir at law, devisee, legatee, or legal representative of the deceased person, and shall, by complaint setting forth all the known facts in relation to the title and possession of the real estate and in relation to the person who died leaving the property, apply to the superior court for leave to sell and convey the real estate, the court shall order such notice of the pendency of the complaint as may to the court seem proper, and may, after the return of the notice and the hearing of all persons interested in the real estate, order the sale and conveyance of real estate in such manner and upon such terms and conditions as the court shall prescribe.
R.I. Gen. Laws § 33-11-22 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-22
§ 33-11-22. Estate rendered insolvent by late claims.
Status: in_force

If a personal representative pays, under the provisions of § 33-11-19, so much of the estate of the decedent that the remainder is insufficient to satisfy the claims presented after the expiration of the six (6) month period, and any of said late claims are disallowed, the personal representative may represent the estate insolvent, and shall, pursuant to decree of the probate court, divide and pay over the remaining estate among the creditors entitled to payment.
R.I. Gen. Laws § 33-16-34 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-34
§ 33-16-34. Uniformity of construction.
Status: in_force

This chapter shall be construed to make uniform the law of those states which enact it.
R.I. Gen. Laws § 33-22-19.2 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-19.2
§ 33-22-19.2. Hearings in probate courts  Evidence and discovery.
Status: in_force

(a) In uncontested matters and/or matters on waiver, the Rhode Island Rules of Evidence adopted by the supreme court, may be used as a guide, but need not be followed, for the admission or exclusion of evidence.

(b) In all contested matters, the Rhode Island Rules of Evidence shall be applied; provided, however, that this section shall not prohibit parties from stipulating or waiving the requirements of the Rules of Evidence as to any particular matter.

(c) In all contested matters, the Rhode Island Superior Court Rules of Civil Procedure may be applied. The probate court may limit the scope of discovery to what is relevant to the contested issue before it and may shorten or enlarge deadlines for compliance as the circumstances warrant.

(d) In all matters, the probate court shall have the jurisdiction and discretion to compel discovery, award costs and fees, impose sanctions and otherwise to enforce its orders consistent with Rule 37 of the Rhode Island Superior Court Rules of Civil Procedure.
R.I. Gen. Laws § 33-6-13 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-13
§ 33-6-13. Apportionment on termination of income estate.
Status: in_force

If the person entitled to an annuity, use, rent, income or interest dies, or if a contingent event happens, before the termination of a year from a time when the whole of the annual amount for the preceding year has become due, the annuity, use, rent, income or interest, for the then current year, shall be apportioned, and that person or his or her representatives shall be entitled to receive a proportionate part thereof, unless it is otherwise provided in the will or instrument.
R.I. Gen. Laws § 33-9-5 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-5
§ 33-9-5. Debts owed by executor to decedent.
Status: in_force

The appointment of a debtor as an executor shall in no case be deemed an extinguishment of the debt; but all such debts shall be accounted for as assets by the executor, unless otherwise directed by the will.
R.I. Gen. Laws § 33-7-24 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-24
§ 33-7-24. Taking of will from files of court  Copy retained  Proof of copy on loss of original.
Status: in_force

The probate court in which an original will has been duly proved, allowed, and recorded may, after the expiration of the time within which an appeal may be taken from the decree admitting the will to probate, upon the petition of the executor, or of a legatee named in the will, or of any person interested in the estate of the testator, and after any notice the court may require and a hearing thereon, permit the original will, if it appears to be necessary for the purpose, to be taken from the files of the court and to be used in another state, territory, district or foreign country, for the purpose of establishing the right or title of the executor, legatee or person to the estate of the testator in the other state, territory, district or foreign country, upon the terms and conditions as the court may prescribe. Likewise, before probate, an instrument purporting to be a last will may be annexed to a commission for taking depositions in proof of the same, in this or any other state, territory, district or foreign country; a photographic copy of the instrument, duly certified, being retained on the files of the court. From any order of the court granting permission, for annexing a will to a commission as provided above, no appeal shall lie. In case the original will is lost, on proof of loss, the copy may be proved in the same manner and shall have the same effect as the original.
R.I. Gen. Laws § 33-19-28 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-28
§ 33-19-28. Definitions of terms in § 33-19-27.
Status: in_force

(a) Guardian as used in § 33-19-27 shall be deemed to include a guardian, conservator, curator, committee, or trustee, and any other fiduciary having substantially the same powers and duties as a guardian, conservator, curator, committee, or trustee, with reference to the estate or property of a minor or person non sui juris, or otherwise incapacitated; and a person shall be deemed under guardianship within the meaning of § 33-19-27 if a guardian, conservator, curator, committee, or trustee, or other fiduciary having substantially the duties of a guardian, conservator, curator, committee, or trustee has been appointed with reference to his or her estate or property.

(b) This section shall be deemed to be declaratory of the purposes of § 33-19-27 as originally enacted, and shall not be construed so as to invalidate any action taken by any fiduciary heretofore under § 33-19-27.
R.I. Gen. Laws § 33-22-14 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-14
§ 33-22-14. Findings of court as to notice.
Status: in_force

If it shall appear to the court, before proceeding, that notice has been given to all known parties interested, in accordance with the foregoing provisions, and in a manner satisfactory to the court, it shall be sufficient to warrant proceeding; and its findings as to notice, unless appealed from, shall be conclusive. Notice by telephone, facsimile, e-mail, or other electronic transmission may supplement, but shall not discharge any partys obligation under this chapter to give notice by service or mail.
R.I. Gen. Laws § 33-6-27 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-27
§ 33-6-27. Contribution by pretermitted issue to payment of debts.
Status: in_force

When a posthumous child, or a child, or the issue of a child, omitted in the testators will, takes under § 33-6-23 a portion of the estate of a testator, that portion of the estate shall, for all purposes of §§ 33-6-25 and 33-6-26, be considered as if it had been devised or bequeathed to that child or other descendant; and he or she shall be bound to contribute with the devisees and legatees, and shall be entitled to claim contribution from them, as provided in §§ 33-6-25 and 33-6-26.
R.I. Gen. Laws § 33-14-2 — RI Code / Title 33 / Chapter 33-14 / Section 33-14-2
§ 33-14-2. Charges and credits shown  Investments.
Status: in_force

(a) Accounts rendered by an executor or administrator to the probate court shall be for a period stated therein, and shall charge the executor or administrator with the amount of the inventory, or, instead the amount of the balance of the last account rendered, as the case may be, and all income, all gains from the sale of personal property, and all other property received by him or her, although not inventoried, and all rents and proceeds of the sale of real estate received by the executor or administrator; the accounts shall credit all charges, losses and payments, including legacies, distribution, and specific personal property delivered, and shall also show the investments of the balance of the account, if any, and changes of investments, along with such documentation verifying such investments as the court may request.

(b) An executor or administrator who is represented by an attorney shall not be required to submit originals or copies of evidence of charges, losses and payments which appear on his or her account, except for documentation required pursuant to the provisions of § 33-14-8, but shall instead include with any such account a certification substantially in the form set forth in § 33-14-2.2, signed by such executor or administrator and by said attorney. An executor or administrator who is not represented by an attorney or whose attorney declines to execute and submit such a certification shall, in addition to such certification, submit to the probate court for inspection copies of the front sides of all checks or other documents evidencing any such charges, losses and payments, unless specifically waived by the court.

(c) Provided, however, that the provisions of this section shall not prohibit the probate court, on its own motion, from ordering the executor or administrator to submit originals or copies of evidence of the charges, losses and payments which appear on the executors or administrators account, in any case where the court deems such documentation necessary to its review of such account.

(d) As used in this section and in the remainder to title 33, the term attorney shall mean an individual who is a member in good standing of the Rhode Island Bar Association.
R.I. Gen. Laws § 33-5-7 — RI Code / Title 33 / Chapter 33-5 / Section 33-5-7
§ 33-5-7. Wills conforming to laws of other states.
Status: in_force

Any last will and testament executed outside this state in the mode prescribed by the law, either of the place where executed or of the testators domicile, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of this state; provided, the last will and testament is in writing and subscribed by the testator.
R.I. Gen. Laws § 33-5-11 — RI Code / Title 33 / Chapter 33-5 / Section 33-5-11
§ 33-5-11. Alteration of circumstances.
Status: in_force

No will shall be revoked by any presumption of intention on the ground of an alteration in circumstances.
R.I. Gen. Laws § 33-11-21 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-21
§ 33-11-21. Estate rendered insolvent by claims after allowance of account.
Status: in_force

If a personal representative pays out, in accordance with law, the whole of the estate, he or she shall not be required, in consequence of the presentation of further claims, to represent the estate insolvent, but this payment, after allowance of his or her account, shall bar any action against him or her.
R.I. Gen. Laws § 33-15-4.5 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-4.5
§ 33-15-4.5. Continuing duties of good Samaritan guardians.
Status: in_force

Except as otherwise provided for in § 33-15-4.1  33-15-4.4, a good Samaritan guardian shall be subject to all other duties and responsibilities required of a guardian under this title, including but not limited to the provisions pertaining the accountings; provided, that the probate court may waive any and all filing requirements and court fees associated with the guardianship, if in its discretion such waiver is warranted. The probate court may modify, amend and/or revoke the good Samaritan guardianship upon the discovery or addition of assets to the individuals estate and/or which otherwise make it inequitable for the guardian to continue to serve as a good Samaritan guardian.
R.I. Gen. Laws § 33-1-13 — RI Code / Title 33 / Chapter 33-1 / Section 33-1-13
§ 33-1-13. Survivorship.
Status: in_force

An individual who fails to survive the decedent by one hundred twenty (120) hours is considered to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedents heirs are determined accordingly. If it is not established by clear and convincing evidence that an individual, who would otherwise be an heir, survived the decedent by one hundred twenty (120) hours, it is considered that the individual failed to survive for the required period. This section is not to be applied if its application would result in escheat of intestate estate to the state.
R.I. Gen. Laws § 33-8-4 — RI Code / Title 33 / Chapter 33-8 / Section 33-8-4
§ 33-8-4. Grant of letters or administration on incompetence or failure of named executor to qualify.
Status: in_force

If a person named as executor in a will has deceased, or is incompetent, or refuses to accept the trust, or neglects to qualify for thirty (30) days after the probate of a will, or within thirty (30) days after notice of probate, as provided in § 33-7-9, the court shall grant letters testamentary to the other executors, if any are named in the will, who are competent and qualify; otherwise the court upon petition therefor shall grant administration on the estate with the will annexed to some suitable person.
R.I. Gen. Laws § 33-19-17 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-17
§ 33-19-17. Release of interests in real estate by guardians.
Status: in_force

Guardians, after giving notice as required upon petition for leave to sell real estate, may be authorized by probate courts to release and discharge a vested, contingent or possible right or interest in or to real estate, upon such terms and conditions as may appear to the courts to be proper.
R.I. Gen. Laws § 33-9-9 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-9
§ 33-9-9. Real estate mortgages as personal property.
Status: in_force

Debts due by mortgage of real estate and the mortgaged premises shall, unless the mortgage be foreclosed and the equity barred in the lifetime of the testator or intestate, be considered personal property for every purpose in settling the estates of deceased persons.
R.I. Gen. Laws § 33-6-31 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-31
§ 33-6-31. Passage of title by will  Recording.
Status: in_force

Title to real or personal property shall pass by will when the will has been finally proved; provided, however, that title to real estate situated in any town or city of this state other than that in which the will is proved shall not pass by will for the purpose of conveyance by the devisee until, in addition to probate, a copy of the will as proved, duly certified by the probate clerk, is recorded in the records of land evidence in that other town or city. Any foreign will shall be recorded as provided in §§ 33-7-18  33-7-22, and when finally allowed, shall operate to pass title to all lands in that town or city where the will is duly recorded, and in any other town or city in which a duly certified copy thereof has been recorded in the records of land evidence in that town or city and not otherwise; provided, however, that when any will is duly proved, or proved and recorded, title to lands as devised thereby shall relate back to the date of the death of the testator.
R.I. Gen. Laws § 33-19-8 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-8
§ 33-19-8. Guardians bond to cover proceeds of the sale or mortgage.
Status: in_force

Every guardian empowered to sell or mortgage as provided in this chapter shall, before making the sale or mortgage, give bond with a surety or sureties satisfactory to the court that he or she will apply the proceeds of the sale or mortgage to the purposes for which the sale or mortgage was authorized, and invest the proceeds, or the surplus thereof, as the case may be, in such investments as are allowed by law, or in such other manner as the court may direct.
R.I. Gen. Laws § 33-11-49 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-49
§ 33-11-49. Actions barred within time for filing claims.
Status: in_force

No personal representative shall be held to answer to a civil action, by a creditor of the decedent, which is commenced within six (6) months from the date of the first publication of the notice of the qualification of the first personal representative, unless the suit is brought under the provisions of § 9-1-21, or other special provision made by statute.
R.I. Gen. Laws § 33-22-19.1 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-19.1
§ 33-22-19.1. Record of probate court proceedings.
Status: in_force

(a) At the request of any party thereto, or at the request of the probate judge presiding thereat, any proceedings held in probate court shall be recorded by the probate clerk, by either electronic or stenographic means (the means utilized to be determined by the probate clerk), which means are reasonably designed to produce a true and accurate verbatim transcription of such proceedings.

(b) This section shall not be construed to prohibit a party from privately recording or transcribing any probate court proceeding at his or her own expense, which private recording or transcript shall not be deemed part of the record of proceedings unless admitted by the probate court into evidence as an exhibit, ordered by the probate court or stipulated to by the parties. Nothing contained herein shall preclude a party from purchasing a transcript from the stenographer. This section shall not be construed as requiring a party to record or transcribe the proceeding in order to take an appeal to superior court.

(c) No city or town shall be obligated to assist a party to produce a written or typed transcription from any proceeding other than in instances where an appeal is claimed pursuant to the provisions of § 33-23-1 et seq. In the event such an appeal is claimed, the appellant shall be responsible for all transcription costs. If the city or town utilizes electronic means to record proceedings, the probate clerk shall, upon request, provide the appellants stenographer with accommodations to transcribe the original tape recording on site or provide a true copy thereof to permit transcription off site. Physical possession of the original recording or transcription notes shall remain with the probate court unless otherwise ordered by the superior court. The written transcript and electronic recording shall be deemed a public record.
R.I. Gen. Laws § 33-23-17 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-17
§ 33-23-17. Consolidation of appeals  Addition of parties.
Status: in_force

Whenever there shall be more than one probate appeal in the superior court, relating to substantially the same matter, the superior court may by special order provide for the consolidation of the appeals, for admitting or summoning in other parties, and for giving notice or further notice to parties in interest.
R.I. Gen. Laws § 33-1-2 — RI Code / Title 33 / Chapter 33-1 / Section 33-1-2
§ 33-1-2. Descent of real estate to paternal or maternal kindred.
Status: in_force

If the intestate has no surviving parent, nor brother, nor sister, nor their descendants, the inheritance shall go in equal moieties to the intestates paternal and maternal kindred, each in the following course:

(1) First to the grandparents, in equal shares, if any there be.

(2) Second, if there be no grandparent, then to the uncles and aunts, or their descendants by representation, or such of them as there be.

(3) Third, if there be no grandparent, nor uncle, nor aunt, nor their descendants, then to the great grandparents in equal shares, if any there be.

(4) Fourth, if there be no great grandparent, then to the great uncles and great aunts or their descendants by representation, or such of them as there be; and so on, in other cases, without end, passing to the nearest lineal ancestors and their descendants or such of them as there be.
R.I. Gen. Laws § 33-22-3 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-3
§ 33-22-3. Notice given by petitioner on filing of petition and hearing.
Status: in_force

In addition to the notice prescribed by § 33-7-9, and to notice by publication in the manner as prescribed by § 33-22-11, the petitioner or his or her attorney shall, at least ten (10) days before the date set for hearing on the petition, send or cause to be sent by mail, postage prepaid, addressed to each person whose name and post office address is by § 33-22-2(3) required to be set forth in the petition, as the names and addresses are set forth therein or as then known to the petitioner, notice of the filing, the nature of the petition, and of the time and place set for hearing on the petition, or in lieu thereof a copy of the newspaper notice published pursuant to the provisions of § 33-22-11; provided, however, that in the case of any person entitled to notice hereunder whose post office address is outside the continental limits of the United States this notice shall be sent at least three (3) weeks before the date set for the hearing; and provided further that the petitioner or his or her attorney shall not be required to send this notice to any person sui juris who shall at, or prior to, the hearing waive notice of its pendency in writing either on the petition or by instrument separately filed. The petitioner or his or her attorney shall at or prior to the hearing file or cause to be filed an affidavit that the notice was given, setting forth the names and post office addresses of the persons to whom the notice was sent and the date of mailing of the notice, together with a copy of the notice.
R.I. Gen. Laws § 33-19-4 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-4
§ 33-19-4. Sale of whole real estate to prevent injury.
Status: in_force

If in any case it appears to the court to be necessary to sell only a part of the real estate described, but that by the partial sale, the residue of the estate or of some part thereof would be greatly injured, the court may authorize the sale of the whole of the estate or such part of the estate as may appear advisable.
R.I. Gen. Laws § 33-19-18 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-18
§ 33-19-18. Sale of cemetery lots.
Status: in_force

Probate courts may authorize executors, administrators, and guardians, after notice to all persons interested as provided, or upon the assent of all interested persons, filed in court, to sell and convey or release, upon the terms and in such manner as the courts may order, lots in cemeteries belonging to the persons or estates by them represented, when no provision to the contrary is made by will, deed, or the charter of the cemetery corporation.
R.I. Gen. Laws § 33-9-24 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-24
§ 33-9-24. Continuation of actions by or against decedent.
Status: in_force

In case any action, suit, or proceeding is commenced or shall be pending in any court, and either party shall die before final judgment, the executor or administrator of the deceased person, or his or her successor in case the deceased was acting in a representative capacity, may, if the cause of action survives, prosecute or defend the action, suit, or proceeding to final judgment.
R.I. Gen. Laws § 33-23-10 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-10
§ 33-23-10. Assignment for hearing.
Status: in_force

(a) The appellant may, in the reasons of appeal, claim a trial by jury of any factual dispute or issue raised in his or her reasons of appeal. Any interested person may, within twenty (20) days after service of notice of the probate appeal, claim a trial by jury of any factual dispute raised in the appeal.

(b) If the probate appeal raises a genuine issue of material fact, upon motion of the appellant or any party to the proceedings pursuant to § 33-23-8(e), the matter shall be assigned to the continuous non-jury trial calendar or jury trial calendar, as claimed pursuant to § 33-23-10(a).

(c) If the probate appeal can be decided as a matter of law, upon motion of the appellant or any party to the proceedings pursuant to § 33-23-8(e), the matter shall be assigned to the formal and special cause calendar where a briefing schedule shall be established and the matter further assigned to a justice of the superior court for decision based upon the record and the briefs submitted. The justice assigned may request or permit oral argument.
R.I. Gen. Laws § 33-22-16 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-16
§ 33-22-16. Probate forms.
Status: in_force

The legislative commission established under chapter 26 of this title shall prescribe the forms to be used by the probate courts and for the records thereof, which shall be printed, and furnished by the secretary of state or his or her designee to the clerks of the probate courts, to attorneys admitted to practice before the courts of this state, and to the public, without charge. All probate courts shall also furnish the forms without charge to parties and attorneys, and may require all parties to use them.
R.I. Gen. Laws § 33-15-11 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-11
§ 33-15-11. Tenure of temporary limited guardian or guardian.
Status: in_force

A temporary limited guardian or guardian shall serve until the question of appointment of a guardian is decided, or until he or she shall be discharged by the probate court. There shall be no appeal from the appointment of a temporary limited guardian or guardian.
R.I. Gen. Laws § 33-2-4 — RI Code / Title 33 / Chapter 33-2 / Section 33-2-4
§ 33-2-4. Joint tenants or tenants by entirety dying simultaneously.
Status: in_force

Where there is no sufficient evidence that two (2) joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one-half (Â½) as if one had survived and one-half (Â½) as if the other had survived. If there are more than two (2) joint tenants and all of them have so died the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
R.I. Gen. Laws § 33-19-16 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-16
§ 33-19-16. Sale by guardian and payment of proceeds to fiduciary in nonresident wards domicile.
Status: in_force

A guardian appointed within this state, whose ward leaves or resides out of the state, may sell the real property of his or her ward and transfer and pay over the whole or any part of the proceeds or of the wards personal property to a guardian, trustee, or committee appointed by competent authority in the state or country in which the ward resides, upon such terms and in such manner as the probate court by which he or she was appointed may, after notice to all parties interested, decree upon petition filed therefor.
R.I. Gen. Laws § 33-18-2 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-2
§ 33-18-2. General grounds for removal of fiduciary.
Status: in_force

Whenever an executor, administrator, or guardian shall for any cause become incapable of executing his or her trust, or shall neglect or refuse to do the duties of the trust, or shall waste the estate of his or her ward or that on which he or she administers, the probate court, upon petition, and after hearing, may remove the executor, administrator or guardian from office and appoint an administrator or guardian in place of the person so removed, and take such other action as occasion may require.
R.I. Gen. Laws § 33-11-6 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-6
§ 33-11-6. Address of creditor filed  Notices.
Status: in_force

Every creditor shall file with his or her claim, in the office of the probate clerk, his or her post office address, and shall thereafter give notice to the clerk of any change of his or her address during the administration of the estate. All notices to which the creditor is entitled may be sent to his or her address so filed.
R.I. Gen. Laws § 33-1-12 — RI Code / Title 33 / Chapter 33-1 / Section 33-1-12
§ 33-1-12. Intestate estate.
Status: in_force

(a) Any part of a decedents estate not effectively disposed of by will passes by intestate succession to the decedents heirs as prescribed in this chapter, except as modified by the decedents will.

(b) A decedent may by will expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual, or a member of that class, survives the decedent, the share of the decedents intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class has disclaimed an intestate share.
R.I. Gen. Laws § 33-23-13 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-13
§ 33-23-13. Discontinuance of appeal.
Status: in_force

The party taking an appeal from an order or decree of a probate court may, at any time, discontinue the appeal in the manner provided for the discontinuance of proceedings in the superior court; and upon presentation to the probate court of a certificate of the discontinuance from the clerk of the superior court having jurisdiction of the appeal, the appeal shall then be entered on the record of the probate court as discontinued; and the suspension of the operation of the order or decree appealed from, provided in § 33-23-2, shall then cease, and the original order or decree shall then take effect as if an appeal had not been taken.
R.I. Gen. Laws § 33-9-29 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-29
§ 33-9-29. Descent or distribution of real estate to be recorded.
Status: in_force

When the real property of any deceased person, or any part thereof or interest therein, is devised or distributed or set out to the devisee or devisees, heir or heirs, or spouse of the decedent, or is legally divided by all the persons interested, or descends to the heir or heirs or spouse of the decedent, the executor or administrator of the decedent, shall cause a certificate of descent to be recorded in the land evidence records of every city or town in which real property of the decedent is situated, and it shall constitute prima facie evidence of the facts stated in it, so far as those facts affect real estate of the decedent.
R.I. Gen. Laws § 33-17-20 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-20
§ 33-17-20. Execution on judgment of forfeiture.
Status: in_force

Any person to whose use judgment shall be rendered in the name of the probate court as provided in § 33-17-19 may sue out execution thereon and have the execution levied according to law, and shall be deemed to be the creditor to every intent and purpose whatsoever.
R.I. Gen. Laws § 33-15-4.4 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-4.4
§ 33-15-4.4. Immunity of good Samaritan guardians.
Status: in_force

No person acting as a duly appointed good Samaritan guardian pursuant to the provisions of this chapter, will in the performance of their duty and responsibility as such a good Samaritan guardian, shall be liable for civil damage which result from acts or omissions by such persons so acting, which may constitute ordinary negligence. This immunity shall not apply to acts or omissions constituting gross negligence or willful or wanton conduct.
R.I. Gen. Laws § 33-17-9 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-9
§ 33-17-9. Bonds payable to and suable by court  Lost bonds.
Status: in_force

All bonds required to be given to a probate court shall be made payable to the court, and shall be filed in the office of the probate clerk. In case a bond is lost, a copy of the record of it shall be admitted in evidence. These bonds shall be sued in the name of the court.
R.I. Gen. Laws § 33-18-7 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-7
§ 33-18-7. Continuation of actions by or against successor fiduciary.
Status: in_force

Whenever an executor, administrator, or guardian, by or against whom any action concerning the estate of the testator, intestate or ward is prosecuted shall die, resign, or be removed, the action shall not thereby be abated, but the successor, if any, may come into court to prosecute or defend, or may be summoned in, in such manner as the court may direct.
R.I. Gen. Laws § 33-6-18 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-18
§ 33-6-18. Devise of lands of which testator is not seised.
Status: in_force

When a person devises lands of which he or she is not seised, but in which he or she has a right of entry, or when a testator after making a will is disseised of lands devised by the will, the lands shall nevertheless pass to the devisee in like manner as they would have descended to the testators heirs if he or she had died intestate; and the devisee shall have the like remedy for the recovery of the land as the heirs might have had.
R.I. Gen. Laws § 33-15-4.1 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-4.1
§ 33-15-4.1. Good Samaritan guardians.
Status: in_force

(a) Any person who files a petition for a guardianship of the person pursuant to the provisions of this chapter may also file to be qualified as a good Samaritan guardian. A good Samaritan guardian may be appointed by the probate court in those instances where the court determines that the estate of a proposed ward is insufficient to pay for the services of a guardian and that such an appointment would otherwise be in the best interests of the individual for whom the guardianship is proposed.

(b) A person filing for appointment of a good Samaritan guardianship shall file all the forms required by this chapter to initiate a guardianship petition and shall file an additional form setting forth the qualifications of the proposed guardian to serve as a good Samaritan guardian. Such forms shall include, but not be limited to, the following information:

(1) The experience, if applicable, of the proposed guardian;

(2) The willingness of the proposed guardian to serve as said good Samaritan guardian; and

(3) A statement that if appointed as a good Samaritan guardian, such person shall not seek any fees and/or monetary compensation for their services as a good Samaritan; provided, that this shall not be construed to prohibit the good Samaritan guardian from soliciting and/or utilizing charitable donations for and on behalf of the individual under guardianship.

(c) The appointment of a good Samaritan guardian shall be in the discretion of the probate court.

(d) Except as otherwise provided for herein, hearings on and notice of the application for and appointment of a good Samaritan guardianship shall proceed in the same manner as any other petition for guardianship pursuant to the provisions of this chapter.
R.I. Gen. Laws § 33-22-15 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-15
§ 33-22-15. Dispensation with notice by assent of parties.
Status: in_force

The notice required by law in any proceeding in a probate court may be dispensed with if all parties entitled thereto assent in writing to the proceeding.
R.I. Gen. Laws § 33-15-27 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-27
§ 33-15-27. Allowances to limited guardian or guardians.
Status: in_force

Probate courts are authorized to allow in the settlement of the accounts of any limited guardian or guardian such reasonable sums as the limited guardian or guardian shall have paid for the suitable support of his or her ward and the wards family, and also a reasonable compensation to the limited guardian or guardian for his or her services. It is permissible for a limited guardian or guardian to decline compensation, and shall not be grounds for removal of the limited guardian or guardian.
R.I. Gen. Laws § 33-3-5 — RI Code / Title 33 / Chapter 33-3 / Section 33-3-5
§ 33-3-5. Warrants to commissioners.
Status: in_force

The court shall issue its warrants to the commissioners, which shall be in substance as follows:
R.I. Gen. Laws § 33-8-2 — RI Code / Title 33 / Chapter 33-8 / Section 33-8-2
§ 33-8-2. Minority of named executor.
Status: in_force

If a person named as executor in a will is at the time of the probate thereof under the age of eighteen (18) years, the other executor or executors, if any qualify, shall administer the estate until the minor arrives at full age, when, upon qualifying, he or she may be admitted as a joint executor of the will. If no other executor shall qualify, administration may be granted with the will annexed during the minority of the person named as executor and until he or she shall qualify.
R.I. Gen. Laws § 33-16-17 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-17
§ 33-16-17. Notice of proceedings to veterans administration and others.
Status: in_force

At the time of filing in the court any account, a certified copy of the account and a signed duplicate of each certificate filed with the court shall be sent by the guardian to the office of the veterans administration having jurisdiction over the area in which the court is located. A signed duplicate, or a certified copy of any petition, motion or other pleading, pertaining to an account, or to any matter other than an account, and which is filed in the guardianship proceedings or in any proceeding for the purpose of removing the disability of minority or mental incapacity, shall be furnished by the person filing the same to the proper office of the veterans administration. Unless a hearing be waived in writing by the attorney of the veterans administration, and by all other persons, if any, entitled to notice, the court shall fix a time and place for the hearing on the account, petition, motion or other pleading not less than fifteen (15) days nor more than sixty (60) days from the date same is filed, unless a different available date be stipulated in writing. Unless waived in writing, written notice of the time and place of hearing shall be given to the veterans administration office concerned, the guardian and any others entitled to notice, not less than fifteen (15) days prior to the date fixed for the hearing. The notice may be given by mail in which event it shall be deposited in the mail not less than fifteen (15) days prior to the hearing date. The court, or clerk of court, shall mail to the veterans administration office a copy of each order entered in any guardianship proceeding in which the administrator is an interested party.
R.I. Gen. Laws § 33-3-7 — RI Code / Title 33 / Chapter 33-3 / Section 33-3-7
§ 33-3-7. Assignment of shares by lot or agreement.
Status: in_force

If the share of any of the parties shall be less than the share of each of the other parties, and the shares of those other parties be equal, in such case the commissioners shall set off the smaller share to such party and assign the other shares by lot; and the assignment shall also be by lot if all the shares be equal; provided, that if all the parties be sui juris the assignment may be made by agreement among themselves.
R.I. Gen. Laws § 33-16-23 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-23
§ 33-16-23. Purchase of real estate.
Status: in_force

(a) The court may authorize the purchase of the entire fee simple title or the entire equity of redemption to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his or her interest, or as a home for his or her dependent family. The purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the proper office of the veterans administration and notice of a hearing on the purchase of real estate shall be given the office as provided in the case of a hearing on a guardians account.

(b) Before authorizing this investment, the court shall require written evidence of value, title and the advisability of acquiring the real estate. Title shall be taken in the wards name. This section does not limit the right of the guardian on behalf of his or her ward to bid and to become the purchaser of real estate at a sale thereof pursuant to a decree of foreclosure of lien held by or for the ward, or at a trustees sale, to protect the wards right in the property so foreclosed or sold; nor does it limit the right of the guardian, if necessary to protect the wards interest and upon prior order of the court in which the guardianship is pending, to agree with co-tenants of the ward for a partition in kind, or to purchase from co-tenants the entire undivided interests held by them, or to bid and purchase the real estate at a sale under a partition decree, or to compromise adverse claims of title to the wards realty.
R.I. Gen. Laws § 33-11-3 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-3
§ 33-11-3. Claims payable at future day.
Status: in_force

Claims against the estate of a deceased person, which by their terms are payable at a future day, shall, as against the estate, be deemed to be due at the time of the persons death, and may be filed, and shall be entitled to payment with other claims, deducting interest for the anticipated payment.
R.I. Gen. Laws § 33-16-2 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-2
§ 33-16-2. Definitions.
Status: in_force

As used in this chapter:

(1) Administrator means the administrator of veterans affairs of the United States or his or her successor.

(2) Benefits means all money paid or payable by the United States through the veterans administration.

(3) Conservator shall mean any person acting as fiduciary for the estate of any ward who by reason of advanced age or mental weakness is unable to properly care for his or her estate.

(4) Estate means income on hand and assets acquired partially or wholly with income.

(5)(i) Guardian shall mean any person acting as fiduciary for the person and estate or person or estate of any ward.

(ii) Guardian shall include conservators.

(6) Income means money received from the veterans administration and revenue or profit from any property wholly or partially acquired therewith.

(7) Person means an individual, a partnership, a corporation or an association.

(8) Veterans administration means the veterans administration, its predecessors or successors.

(9) Ward means a beneficiary of the veterans administration.
R.I. Gen. Laws § 33-15-25 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-25
§ 33-15-25. Action on limited guardians or guardians bond.
Status: in_force

If a limited guardian or guardian shall neglect to return a true inventory of his or her wards estate, or shall neglect to apply the real and personal estate of his or her ward to the payment of the wards debts, it shall be deemed a breach of his or her bond, and he or she and his or her sureties shall be liable to an action on the bond by any creditor or person interested, and judgment shall be entered in the action, execution shall issue, and recovery shall be had in like manner as on administration bonds.
R.I. Gen. Laws § 33-14-7 — RI Code / Title 33 / Chapter 33-14 / Section 33-14-7
§ 33-14-7. Expense of prosecuting or defending appeal on admission to probate.
Status: in_force

In case of an appeal from the order or decree of a probate court admitting or refusing to admit to probate the will of any deceased person, the court shall allow to the executor or administrator, as the case may be, his or her just and reasonable expenses, including counsel and attorney fees, in supporting or defending against the will, on appeal; and the expense shall be allowed in the account of the executor or administrator with the estate as part of the expenses of the settlement of the estate.
R.I. Gen. Laws § 33-19-1 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-1
§ 33-19-1. Court consent to mortgage.
Status: in_force

The probate court which issued letters testamentary or of administration or guardianship may authorize an executor, administrator, or guardian to mortgage the real estate of the deceased or ward upon a petition filed, describing the particular estate to be mortgaged, the amount of money necessary to be raised, and the purpose for which the money is required, and the decree of the court upon the petition shall fix the amount for which the mortgage is to be given and the rate of interest which may be paid on the mortgage, and may order the whole or any part of the loan to be paid from time to time out of the income of the property mortgaged.
R.I. Gen. Laws § 33-7-15 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-15
§ 33-7-15. Representation of contingent interests and charitable gifts.
Status: in_force

If it shall appear to the court that any future contingent interests which would arise under the will, if admitted to probate, would be affected by the compromise, the court shall appoint some suitable person or persons to represent those interests in the proceedings. The court shall have like powers as to any gifts made in the will for charitable purposes if there is no trustee who can act.
R.I. Gen. Laws § 33-16-26 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-26
§ 33-16-26. Commitment to federal agency for medical treatment.
Status: in_force

Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his or her proper care, it is determined after adjudication of the status of the person as may be required by law that commitment to a hospital for mental disease or other institution is necessary for safekeeping or treatment and it appears that the person is eligible for care or treatment by the veterans administration or other agency of the United States government, the court, upon receipt of a certificate from the veterans administration or other agency showing that facilities are available and that the person is eligible for care or treatment therein, may commit the person to the veterans administration or other agency. The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this state; and nothing in this chapter shall affect his or her right to appear and be heard in the proceedings.
R.I. Gen. Laws § 33-7-16 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-16
§ 33-7-16. Decree confirming compromise.
Status: in_force

The compromise, if found by the court under the circumstances to be just and reasonable in relation to the parties in being, and in its effect upon any future contingent interests that might arise under the will, and to any gifts to charities made in the will, shall be confirmed by decree of the court and shall be valid and binding upon the contingent interests and gifts as well as upon the interests of all persons in being who are parties to the compromise.
R.I. Gen. Laws § 33-2-9 — RI Code / Title 33 / Chapter 33-2 / Section 33-2-9
§ 33-2-9. Severability.
Status: in_force

If any of the provisions of this chapter or the application thereof to any persons or circumstances is held invalid such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are declared to be severable.
R.I. Gen. Laws § 33-18-16 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-16
§ 33-18-16. Abandonment or adjustment of controversies.
Status: in_force

The probate court may authorize executors, administrators, guardians, and conservators to submit to arbitration, to abandon, or to adjust by compromise, or otherwise settle or dispose of, any claim in favor of or against, or any controversy or thing whatever relating to the estates by them represented, whether or not arising under, or involving the construction of, the provisions of a will, trust deed or other instrument, and for any of these purposes to enter into, give, execute, make, and do such agreements, instruments, deeds, conveyances, assignments, settlements, payments, compositions, arrangements, court or other stipulations, releases, receipts, and other things as the probate court shall by its order or decree approve or authorize.
R.I. Gen. Laws § 33-22-22 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-22
§ 33-22-22. Fees excused on veterans guardianships.
Status: in_force

No probate fees shall be charged in any estate where the appointment of a guardian is for the purpose of receiving benefits of the laws administered by the United States veterans administration.
R.I. Gen. Laws § 33-18-15 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-15
§ 33-18-15. Exercise of power of sale in mortgage.
Status: in_force

In case of a mortgage containing powers of sale, the executor, administrator, or guardian of the estate for the time being of the mortgagee may, on default, unless provisions to the contrary be made in the mortgage, exercise the enumerated powers of sale. The executor, administrator, or guardian may, if empowered by the mortgage or by law, and if in his or her discretion it is necessary to prevent a sacrifice of the property, bid upon and buy in the mortgaged property at the sale; and having so purchased, may, on application to the probate court, be authorized to resell the property at public or private sale pursuant to the direction of the court, and convey, without being accountable for any resulting loss. The proceeds of the sale shall be personal property.
R.I. Gen. Laws § 33-7-13 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-13
§ 33-7-13. Action to confirm compromise.
Status: in_force

When the executors or administrators with the will annexed have in writing compromised any controversy as provided in § 33-7-12, they, or any party thereto, may file a civil action in the superior court for the county in which the will is pending for probate, praying the court to authorize and confirm the compromise. In this action the persons named as executors, or the administrator with the will annexed, and all persons claiming under the will whose interest will, in the opinion of the court, be affected by the proposed compromise, and those entitled to the estate as intestate, shall be parties.
R.I. Gen. Laws § 33-11-9 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-9
§ 33-11-9. Presentation of contingent claim  Deposit by personal representative to assure payment.
Status: in_force

A creditor who has a contingent claim against a decedent, which cannot be proved as a debt within the time allowed for presenting claims, may present its contingent claim within the time allowed for filing claims. If it is determined by the probate court, upon hearing after notice to all interested parties, that the contingent claim may become due from the estate, the personal representative shall be ordered to deposit in the registry of the court assets sufficient to satisfy the claim, or its proportionate share in case of insolvency of the estate.
R.I. Gen. Laws § 33-25-4 — RI Code / Title 33 / Chapter 33-25 / Section 33-25-4
§ 33-25-4. Election by surviving spouse  Recording of waiver and claim.
Status: in_force

If any estate, real or personal, be devised or bequeathed to a surviving spouse, the devise or bequest shall bar the life estate unless the surviving spouse shall, within six (6) months after the date of the first publication of the qualifications of the fiduciary of the estate of the deceased spouse, file in the probate court granting probate a written statement waiving and renouncing the devise and bequest and claiming his or her life estate in the real estate of the decedent. If any of this real estate be located in any city or town other than that in which the will of the decedent is probated, the waiver and claim shall also be filed in the records of deeds in each city and town where the real estate is located.
R.I. Gen. Laws § 33-2-6 — RI Code / Title 33 / Chapter 33-2 / Section 33-2-6
§ 33-2-6. Chapter not retroactive.
Status: in_force

This chapter shall not apply to the distribution of the property of a person who has died before April 28, 1947.
R.I. Gen. Laws § 33-14-11 — RI Code / Title 33 / Chapter 33-14 / Section 33-14-11
§ 33-14-11. Conclusiveness of settlement of accounts.
Status: in_force

The settlement of the accounts of an executor or administrator by the probate court, or on appeal, shall be final and conclusive on all parties concerned; provided, that upon the settlement of an account, all former accounts of the same executor or administrator may be so far opened as to correct a mistake or error apparent in the settlement.
R.I. Gen. Laws § 33-14-3 — RI Code / Title 33 / Chapter 33-14 / Section 33-14-3
§ 33-14-3. Examination of executor or administrator on oath.
Status: in_force

An executor or administrator may be examined on oath before the court upon any matter relative to his or her accounts.
R.I. Gen. Laws § 33-17-5 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-5
§ 33-17-5. Failure to give bond as declination of trust.
Status: in_force

An executor, administrator, or guardian, required by the provisions of §§ 33-17-1  33-17-4 to give bond, who for thirty (30) days after his or her appointment fails to file a bond approved by the court, may be adjudged to have declined the trust.
R.I. Gen. Laws § 33-28-3 — RI Code / Title 33 / Chapter 33-28 / Section 33-28-3
§ 33-28-3. Waiver of right to elect and of other rights.
Status: in_force

(a) The right of election of a surviving spouse and the rights of the surviving spouse to allowances pursuant to chapter 10 of this title may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the surviving spouse. The written contract, agreement, or waiver is enforceable without consideration.

(b) A surviving spouses waiver is not enforceable if the surviving spouse proves that: (1) The surviving spouse did not execute the waiver voluntarily; or (2) The waiver was unconscionable when it was executed and, before execution of the waiver, the surviving spouse: (i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent; (ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided; and (iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.

(c) An issue of unconscionability of a waiver is for decision by the probate court or other court of competent jurisdiction as a matter of law.

(d) Unless it provides to the contrary, a waiver of all rights or equivalent language in the property or estate of a present or prospective spouse or a complete property settlement entered into after, or in anticipation of, separation or divorce is a waiver of all rights to elective share and allowances pursuant to chapter 10 of this title by each spouse in the property of the other and a renunciation by each of all benefits that would otherwise pass to that spouse from the other by intestate succession or by virtue of any will executed before the waiver or property settlement.
R.I. Gen. Laws § 33-11-19 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-19
§ 33-11-19. Payment of claims allowed or proved.
Status: in_force

(a) After the expiration of six (6) months and filing a statement of claims disallowed, if any there be, as provided in § 33-11-14, the personal representative, shall proceed to pay the claims allowed or proved against the estate in the order of priority prescribed, after making provision for costs and expenses of administration, taxes, allowances, claims presented but pending determination or appeal and claims not barred that may yet be presented.

(b) Claims thereafter presented and not disallowed, or disallowed and afterwards proved, shall be payable only out of assets remaining in the hands of the personal representative.

(c) The personal representative may pay any just claim that has not been barred at any time, with or without formal presentation, but is personally liable to any other claimant whose claim is allowed and who is injured by its payment if: (1) payment was made within the claim period and the personal representative failed to require the payee to indemnify the estate for refund of any of the payment necessary to pay other claimants; or (2) payment was made, due to negligence or willful fault of the personal representative, in such manner as to deprive the injured claimant of priority.
R.I. Gen. Laws § 33-22-18 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-18
§ 33-22-18. Administration of oaths.
Status: in_force

Oaths required in proceedings in probate courts may be administered by the judge or clerk, in or out of court, or by a notary public or justice of the peace; and when administered out of court, a certificate thereof shall be returned and filed or recorded with the proceedings, but the judge may require any oath to be taken in open court.
R.I. Gen. Laws § 33-20-10 — RI Code / Title 33 / Chapter 33-20 / Section 33-20-10
§ 33-20-10. Termination of conservatorship.
Status: in_force

At any time upon petition signed by the absentee, or on petition of any attorney in fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held under the conservatorship to the absentee or to the designated attorney in fact. Likewise, if at any time subsequent to the appointment of a conservator it shall appear that the absentee has died and an executor or administrator has been appointed for his or her estate, the court shall direct the termination of the conservatorship and the transfer of all property of the deceased absentee held under the conservatorship to the executor or administrator.
R.I. Gen. Laws § 33-19-5 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-5
§ 33-19-5. Finality of decree authorizing sale or mortgage  Claims against estate.
Status: in_force

When a decree is granted by a probate court authorizing a sale or mortgage of real estate of a deceased person, or of a person under guardianship, the adjudication of the court that the sale or mortgage is required shall be final so far as it may affect any title acquired by virtue of the decree; but nothing contained in this section shall affect the right of the executor, administrator, or guardian to contest the validity of any claim against the estate or ward.
R.I. Gen. Laws § 33-16-16 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-16
§ 33-16-16. Exhibition of securities and investments  Filing of certificates.
Status: in_force

The guardian, at the time of filing any account, shall exhibit all securities or investments held by him or her to an officer of the bank or other depository wherein the securities or investments are held for safekeeping, or to an authorized representative of the corporation which is surety on his or her bond, or to the judge or clerk of a court of record in this state, or, upon request of the guardian or other interested party, to any other reputable person designated by the court, who shall certify in writing that he or she has examined the securities or investments and identified them with those described in the account, and shall note any omissions or discrepancies. If the depository is the guardian, the certifying officer shall not be the officer verifying the account. The guardian may exhibit the securities or investments to the judge of the court, who shall endorse on the account and copy a certificate that the securities or investments shown to him or her as held by the guardian were each in fact exhibited to him or her and that those exhibited to him or her were the same as those shown in the account, and noting any omission or discrepancy. That certificate and the certificate of an official of the bank in which are deposited any funds for which the guardian is accountable, showing the amount on deposit, shall be prepared and signed in duplicate and one of each shall be filed by the guardian with his or her account.
R.I. Gen. Laws § 33-20-9 — RI Code / Title 33 / Chapter 33-20 / Section 33-20-9
§ 33-20-9. Person appointed as conservator  Bond  Powers.
Status: in_force

The court shall have full discretionary authority to appoint any suitable person as conservator and may require the conservator to post an adequate surety bond and to make such reports as the court may deem necessary. The conservator shall have the same powers and authority as the guardian of the property of an infant or incompetent and shall be considered as an officer or arm of the court.
R.I. Gen. Laws § 33-23-5 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-5
§ 33-23-5. Sale of personalty in general pending appeal.
Status: in_force

In case of an appeal taken from an order or 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, having given bond according to law, the court shall, pending the appeal and until the order or decree is finally affirmed or disaffirmed, have power to authorize the executor, administrator, administrator with the will annexed, or guardian to sell the personal estate of the deceased person or ward, as the case may be, according to such terms and conditions as the court may require or impose, pending the appeal.
R.I. Gen. Laws § 33-25-5 — RI Code / Title 33 / Chapter 33-25 / Section 33-25-5
§ 33-25-5. Payment of value of life estate in lieu thereof.
Status: in_force

In any case where real estate shall be ordered sold by any court, except where otherwise specifically provided, or real estate is taken under authority of law, and it shall appear that a surviving husband or wife is or may be entitled under this chapter to a life estate in the property, the court having jurisdiction of the proceedings may, in its discretion, upon the petition of the surviving husband or wife as the case may be, and after notice, determine the present value of the life estate and order it to be paid to him or her in lieu of the life estate out of the proceeds of the sale or taking.
R.I. Gen. Laws § 33-13-19 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-19
§ 33-13-19. Liability to creditor for amount payable by insolvent heir, devisee or other  Restriction to amount received from estate.
Status: in_force

If an heir, devisee or other person who was originally liable with others for the claim is insolvent, unable to pay his or her proportion thereof, or beyond reach of process, the others shall be liable to the creditor for the whole amount of his or her claim; but no one shall be compelled to pay more than the amount received by him or her from the estate of the deceased.
R.I. Gen. Laws § 33-19-14 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-14
§ 33-19-14. Conditions imposed by court.
Status: in_force

In granting any petition under any of the preceding sections, the court may impose such conditions, in addition to those imposed by law, as it may see fit.
R.I. Gen. Laws § 33-6-7 — RI Code / Title 33 / Chapter 33-6 / Section 33-6-7
§ 33-6-7. Devise without words of limitation.
Status: in_force

Whenever any real estate shall be devised without words of limitation, 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 contrary intention shall appear by the will.
R.I. Gen. Laws § 33-23-15 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-15
§ 33-23-15. Want of jurisdiction  Amendments to supply defects.
Status: in_force

No order or decree of a probate court which may be appealed from, or in any collateral proceeding when the same shall not have been appealed from, shall be deemed to be invalid, or be quashed, for want of proper form, or for want of jurisdiction appearing upon the record, if the probate court had jurisdiction of the subject matter of the order or decree. The superior court having jurisdiction of the parties to a probate appeal may allow amendments to be made in the papers filed in the case, to supply any deficiency or correct errors therein, upon such terms as it may deem proper.
R.I. Gen. Laws § 33-14-4 — RI Code / Title 33 / Chapter 33-14 / Section 33-14-4
§ 33-14-4. Citation to render account.
Status: in_force

Every probate court on petition therefor, whenever it deems proper, may issue a citation to an executor or administrator, having accounts unsettled with the court, to render an account relative to the estate in his or her hands, at any time as it may order in the citation.
R.I. Gen. Laws § 33-23-4 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-4
§ 33-23-4. Sale of tangible personal property pending appeal.
Status: in_force

In case of an appeal from an order or 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, pending the appeal, upon leave of the probate court first obtained, may sell at public auction or private sale any tangible personal property of the testator, intestate, or ward, which are liable to perish or waste or to be greatly reduced in value by keeping, or which cannot be kept without great and disproportionate expense, and hold the proceeds of those sales, after deducting from the proceeds the necessary expenses of sale, for the benefit of the estate.
R.I. Gen. Laws § 33-22-27 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-27
§ 33-22-27. Execution for cost and fees.
Status: in_force

When costs and/or fees are awarded to be paid by one party to the other pursuant to § 33-22-26, the probate court may issue execution for costs in like manner as a court of common law.
R.I. Gen. Laws § 33-13-8 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-8
§ 33-13-8. Determination of questions as to legacies.
Status: in_force

Whenever any question arises as to the identity of a legatee, or the construction, or the payment and satisfaction of any legacy, the probate court, upon petition setting out any questions, after notice by citation to all known parties and any additional notice the court may direct, and after a hearing thereon, may determine the questions and enter its order accordingly.
R.I. Gen. Laws § 33-20-8 — RI Code / Title 33 / Chapter 33-20 / Section 33-20-8
§ 33-20-8. Conservatorship for military absentee.
Status: in_force

Whenever a person, hereinafter referred to as an absentee, who while serving in or with the armed forces of the United States, or while serving as a merchant seaman, has been reported or listed as missing, or missing in action, or interned in a neutral country, or beleaguered, besieged, or captured by an enemy, has an interest in any form of property in this state or is a legal resident of this state and has not provided an adequate power of attorney authorizing another to act in his or her behalf in regard to his or her property or interest, then, the probate court of the city or town of the absentees legal domicile or of the city or town where the property is situated, upon petition alleging the foregoing facts and showing the necessity for providing care of the property of the absentee made by any person who would have an interest in the property of the absentee were the absentee deceased, or on the courts own motion, after notice to, or on receipt of proper waivers from, the heirs and next of kin of the absentee as provided by law for the administration of an estate, and upon good cause being shown, may, after finding the facts to be as provided in this section, appoint a conservator to take charge of the absentees estate, under the supervision and subject to the further orders of the court.
R.I. Gen. Laws § 33-11-31 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-31
§ 33-11-31. Power of probate court over witnesses.
Status: in_force

The probate court may compel the attendance of witnesses and administer oaths during hearings on claims in the same manner as other courts of record.
R.I. Gen. Laws § 33-25-1 — RI Code / Title 33 / Chapter 33-25 / Section 33-25-1
§ 33-25-1. Dower and curtesy abolished.
Status: in_force

The right of a widow to common law and/or statutory dower in the estate of her husband and the right of a husband to common law and/or statutory curtesy in the estate of his wife are hereby abolished.
R.I. Gen. Laws § 33-7-17 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-17
§ 33-7-17. Certification of decree and compromise.
Status: in_force

If the probate of the will in a case is pending on appeal in the superior court, the court may prove and allow the will, and the clerk of court shall certify and transmit for record copies of the decree admitting the will to probate, and copies of the compromise and the decree of the court approving the compromise, to the clerk of the court appealed from; and if the probate of the will is pending in the probate court, the clerk of the superior court shall certify and transmit for record to the clerk of the probate court copies of the compromise and the decree approving the compromise; and thereupon the probate court may admit the will to probate. The estate of the deceased person shall be administered and disposed of according to the provisions of the will as modified by the compromise.
R.I. Gen. Laws § 33-23-6 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-6
§ 33-23-6. Powers over real estate pending appeal.
Status: in_force

In case of an appeal taken from an order or decree of a probate court granting letters testamentary, of administration, of administration with the will annexed, or of guardianship, the executor, administrator, or administrator with the will annexed, or guardian, having given bond according to law, shall, pending the appeal and until the order or decree is finally affirmed or disaffirmed, have power to collect, sue for, and hold the income and rents of the real and personal estate of the testator or ward for the benefit of the persons entitled to the real estate, and the executor, administrator, administrator with the will annexed, or guardian, may bring suit in his or her name for the possession of any real or personal estate, pending the appeal, and shall have the power, under the direction of the probate court, to pay any debts of the testator, intestate, or ward, and the probate court may authorize the executor, administrator, administrator with the will annexed, or guardian to sell real estate, or any interest therein, of the deceased person or ward, as the case may be, subject to the conditions, according to the practice, and in the manner provided by chapter 19 of this title.
R.I. Gen. Laws § 33-10-3 — RI Code / Title 33 / Chapter 33-10 / Section 33-10-3
§ 33-10-3. Allowances for temporary support of family.
Status: in_force

The probate court shall make reasonable allowance out of the decedents probate estate for the support of his or her family, until the support can otherwise be provided for, for a period not exceeding six (6) months from the date of the death, having regard to the situation of the family and the value and circumstances of the estate. The allowance may be fixed at any time upon application of the personal representative, or of any party in interest, filed within six (6) months after the first publication of notice of the qualification of the personal representative. The court may, in its discretion, provided a final account has not been allowed, make an additional allowance under like conditions for the support of the family for a second period not exceeding six (6) months, the allowance to be fixed at any time after the first six-month (6) period has passed and within one year after the first publication of notice of the qualification of the personal representative upon application, of the personal representative or of any party in interest. After exhausting the personal property, real estate may be sold to provide the amount of allowance decreed in the same manner as for the payment of debts. An appeal from a decree granting letters testamentary or of administration shall not prevent the allowance being made by the probate court or the payment thereof. An appeal from a decree making any allowance shall not prevent the payment of the allowance if a bond in such amount as may be fixed by the court, but no less than the amount of the allowance be given to the court by a surviving spouse, if any, or by a guardian of the minor children in case there be no surviving spouse, with surety or sureties approved by the court, and conditioned to repay all in excess of what is finally determined to be a reasonable allowance or to return all of the allowance in case the decree granting the allowance is finally reversed in the full amount. The bond required by the provisions of this section and the remedies thereon shall be governed by the provisions of chapter 17 of this title as far as the context thereof permits.
R.I. Gen. Laws § 33-19-10 — RI Code / Title 33 / Chapter 33-19 / Section 33-19-10
§ 33-19-10. Notice of sale at auction.
Status: in_force

Before making any sale at auction, the executor, administrator, or guardian shall publish notice of the time, place, and conditions of sale for four (4) successive weeks in some public newspaper designated by the court in the decree authorizing the sale, and shall give additional notice of the auction sale in such manner as the court in its decree may direct.
R.I. Gen. Laws § 33-11-5.2 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-5.2
§ 33-11-5.2. Fiduciarys affidavit regarding notice to creditors and OHHS.
Status: in_force

In order to close an estate, whether by accounting or affidavit of completed administration, the fiduciary shall submit to the probate court an affidavit in substantially the following form:
R.I. Gen. Laws § 33-8-9 — RI Code / Title 33 / Chapter 33-8 / Section 33-8-9
§ 33-8-9. Administration of partially intestate estate.
Status: in_force

If a will which disposes of only a part of the estate of a testator is admitted to probate, the executor of the will, or the administrator with the will annexed, shall, unless otherwise provided in the will, and except as provided in the second clause of § 33-8-8, be ex officio the administrator of the intestate estate, and shall give bond to cover all his or her duties.
R.I. Gen. Laws § 33-18-1 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-1
§ 33-18-1. Publication of qualification of fiduciary  Statement filed by clerk.
Status: in_force

Upon the qualification of every executor, administrator, conservator, or guardian, the probate clerk shall give notice of the qualification by publication in any newspaper and as often as the court may direct, and in the newspaper shall notify creditors to file their claims in the office of the probate clerk within the time required by law. The clerk shall file in the court a written statement setting out a copy of the notice, the dates, and place of its publication, and generally his or her compliance with the order of the court. A certified copy of the statement shall be admitted as evidence of the time, place, and manner in which notice was given.
R.I. Gen. Laws § 33-11-16 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-16
§ 33-11-16. Probate court determination of disallowed claims against solvent estate.
Status: in_force

If the estate is solvent, the personal representative, claimant or an interested party may request that the probate court determine the disallowed claim by petition filed within twenty (20) days of the disallowance. If no such request is timely made or if the probate court in its sole discretion finds that pleading, discovery and trial of the issues presented would be more efficiently presented in the district or superior court depending upon the amount in controversy, the disallowance shall be affirmed by order of the probate court and the claimant shall bring civil action on the disallowed claim pursuant to § 33-11-48 within thirty (30) days of the entry thereof or said claim shall be forever barred.
R.I. Gen. Laws § 33-5-8 — RI Code / Title 33 / Chapter 33-5 / Section 33-5-8
§ 33-5-8. Conformation to law at time of execution.
Status: in_force

A will of real or personal estate made and executed in conformity with the law existing at the time of execution, shall be effective to pass the estate.
R.I. Gen. Laws § 33-9-25 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-25
§ 33-9-25. Substitution and execution by successor administrator.
Status: in_force

Whenever any judgment shall have been recovered by or in the name of any executor or administrator, a succeeding administrator of the estate not administered may on motion be substituted as plaintiff and may take out execution upon the judgment.
R.I. Gen. Laws § 33-28-4 — RI Code / Title 33 / Chapter 33-28 / Section 33-28-4
§ 33-28-4. Proceeding for elective share  Time limit.
Status: in_force

(a) If any estate, real or personal, be devised or bequeathed to a surviving spouse, the devise or bequest shall bar the elective share unless the surviving spouse shall, within six (6) months after the date of the first publication of the qualifications of the fiduciary of the estate of the deceased spouse, file in the probate court a written statement waiving and renouncing the devise and bequest and petitioning for the elective share. If any of the deceased spouses real estate is located in any city or town other than that in which the will of the decedent is probated, the waiver and petition shall also be filed in the records of deeds in each city and town where the real estate is located. The surviving spouse shall give notice of the time and place set for hearing to persons interested in the estate and to those whose interests will be adversely affected by the taking of the elective share.

(b) Within six (6) months after the date of the first publication of the qualifications of the fiduciary of the estate of the deceased spouse, the surviving spouse may petition the probate court for an extension of time for making an election not to exceed nine (9) months after the decedents death, upon notice of the time and place set for hearing, to persons interested in the estate and to those whose interests will be adversely affected by the taking of the elective share.

(c) The surviving spouse may withdraw a waiver and petition for an elective share at any time before entry of a final determination by the probate court.

(d) The order or judgment of the probate court may be enforced as necessary in suit for contribution or payment in other courts of this state or other jurisdictions.
R.I. Gen. Laws § 33-22-25 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-25
§ 33-22-25. Payment of fees into local treasury  Power to provide for fixed salaries.
Status: in_force

Any city council, or any town at the annual town meeting, may provide for the payment into the city or town treasury of all fees allowed the probate court or probate clerk, or both, and may allow in lieu of a fee a salary for the town council, probate judge, or probate clerk for their services.
R.I. Gen. Laws § 33-13-1 — RI Code / Title 33 / Chapter 33-13 / Section 33-13-1
§ 33-13-1. Notice of devise or bequest to corporation or association.
Status: in_force

Within ninety (90) days after the admission to probate of any will containing a devise or bequest to any corporation or voluntary association, the executor or administrator or other estate fiduciary shall mail by certified mail return receipt requested, a written notice of the devise or bequest directed to the devisee or legatee at the place where it is located, if the same is known. An affidavit of notice together with the return receipt shall be filed in the probate court.
R.I. Gen. Laws § 33-11-42 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-42
§ 33-11-42. Actions beyond probate court.
Status: in_force

The exclusive remedy of any claimant whose claim is disallowed, in full or in part, by the probate court shall be a civil action on the disallowed claim in the district or superior court depending upon the amount in controversy pursuant to § 33-11-48. The personal representative or other interested party may appeal the disallowance of any claim, in full or in part, for de novo determination in the superior court pursuant to § 33-23-1 et seq.
R.I. Gen. Laws § 33-15-31 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-31
§ 33-15-31. Application of personal property to debts  Priority of claims.
Status: in_force

A limited guardian or guardian with authority to make decisions regarding the wards personal property shall collect all the personal property of his or her ward over which he or she has authority and sell and apply the personal property or so much as shall be necessary, at the time and in the manner as the probate court shall direct, to the payment of all the debts of his or her ward; but if the personal property shall be insufficient to pay the debts in full, then he or she shall pay the debts ratably; except that debts due to the United States, debts due to this state, and state and city or town taxes shall be paid first and in the order in which they are named.
R.I. Gen. Laws § 33-11-15 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-15
§ 33-11-15. Petition for filing of late disallowance.
Status: in_force

A personal representative, or any interested party, who has failed to disallow any claim within the time prescribed by § 33-11-14, may at any time before the distribution of the estate, if the claim has not been paid, petition the probate court for leave to disallow the claim out of time. Upon hearing after notice to all interested parties, the probate court may in its discretion grant leave to disallow the claim out of time upon such terms as the court prescribes; and if the claim is disallowed within the time fixed by the court it has the same effect as if disallowed within the time prescribed by § 33-11-14.
R.I. Gen. Laws § 33-9-30 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-30
§ 33-9-30. Donation of conservation easement.
Status: in_force

An executor or administrator may donate a conservation easement on any real property in order to obtain the benefit of the estate tax exclusion allowed under sections 170 and 2031(c), respectively, of the United States Internal Revenue Code of 1986, as amended, if:

(1) The will authorizes or directs the executor to donate a conservation easement on the real property; or

(2) Each interested party who has an interest in the real property that would be affected by the conservation easement consents in writing to the donation.
R.I. Gen. Laws § 33-22-29 — RI Code / Title 33 / Chapter 33-22 / Section 33-22-29
§ 33-22-29. Local rules of probate court.
Status: in_force

The probate court of each city or town shall promulgate local administrative rules designed to facilitate the efficient discharge of the statutory duties of such court; provided, however, that no such local administrative rule shall expand, contract or otherwise vary any specific provision of title 33 or any other provision of the General Laws. Such local administrative rules shall include the following: the dates and times when the court is in session; procedures for docketing of cases at hearings of the court; the scheduling of special sessions; and deadlines for the submission of pleadings or other filings. Such local administrative rules shall be clearly posted in the office of the probate clerk and copies of such rules shall be available to any interested party from the probate clerk.
R.I. Gen. Laws § 33-9-27 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-27
§ 33-9-27. Personal liability of executor or administrator for debts of estate.
Status: in_force

No executor or administrator, except an executor in his or her own wrong, shall be holden to bail upon mesne process, nor shall his or her property be attached, nor his or her person arrested, nor his or her person or property taken on execution, for the debts or legacies of the testator or intestate, except upon suggestion of waste as provided in § 33-9-28; but in such suits the writs of attachment and execution shall run against the goods, chattels, rights, and credits of the deceased only in the hands of the executor or administrator.
R.I. Gen. Laws § 33-5-9 — RI Code / Title 33 / Chapter 33-5 / Section 33-5-9
§ 33-5-9. Revocation of will by marriage.
Status: in_force

The marriage of a person shall act as a revocation of a will made by him or her previous to the marriage, unless it appears from the will that it was made in contemplation thereof; but if the will exercises a power of appointment and the real and personal property thereby appointed would not, in default of the appointment, pass to the persons who would have been entitled to it had it been the property and estate of the testator or testatrix making the appointment and had he or she died intestate, so much of the will as makes the appointment shall not be revoked by the marriage.
R.I. Gen. Laws § 33-10-4 — RI Code / Title 33 / Chapter 33-10 / Section 33-10-4
§ 33-10-4. Real estate set aside for support of widow or widower in addition to statutory life estate.
Status: in_force

If there be no issue of a deceased person living at the time of his or her death, the probate court shall also allow and set off to the widow or widower such portion of the real estate of her or his deceased spouse not required for the payment of his or her debts as may be suitable for her or his situation and support and in accordance with the circumstances of the estate, and the widow or widower shall hold the real estate in addition to those rights afforded by chapter 25 of this title subject to the same conditions and for the same time as she or he holds her or his statutory estate pursuant to the provisions of chapter 25 of this title.
R.I. Gen. Laws § 33-12-9 — RI Code / Title 33 / Chapter 33-12 / Section 33-12-9
§ 33-12-9. Application of rents and income of real estate to debts  Leases by executor or administrator.
Status: reserved

Whenever the personal property subject to inventory, other than household furniture and stores, of any decedent shall not be sufficient to pay his or her debts and the charges against his or her estate, the probate court having jurisdiction of the estate may, instead of, or in addition to, granting leave to sell the real estate of the deceased, enter its decree empowering the executor or administrator to take upon himself or herself and supersede the possession of the heirs or devisees of the deceased, as to all or any portion of the real estate of the deceased designated in the decree, so far, and so far only, as shall be necessary to enable the executor or administrator to demand, sue for, and recover the rents and income reserved and accruing from the property after the entry of the decree from any tenants or other persons by whom rents and income shall be payable; with power also to let the property from month to month, or to make such other leases of the premises as the court shall approve and direct; and the receipt of the executor or administrator for payments made shall be valid as well against the heirs and devisees as against the executor or administrator, and any letting or lease lawfully made by the executor or administrator shall be binding also upon the heirs and devisees of the deceased; and provided, that this section shall not apply to real estate which is specifically devised, or as to which directions inconsistent with this section are given in and by a will, unless the other real estate is insufficient for the purposes of this section; and provided, further, that the court may at any time, after notice to the executor or administrator, and after a hearing, revoke its former decree without prejudice to existing leases by it approved and directed, and order the executor or administrator to surrender possession of the real estate to the heirs or devisees.
R.I. Gen. Laws § 33-2-7 — RI Code / Title 33 / Chapter 33-2 / Section 33-2-7
§ 33-2-7. Chapter inapplicable where other provisions made.
Status: in_force

This chapter shall not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this chapter.
R.I. Gen. Laws § 33-11-51 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-51
§ 33-11-51. Survival of child support obligations  Enforcement of claims  Child support public policy.
Status: in_force

(a) It is the public policy of the state of Rhode Island that dependent children shall be maintained and supported, as completely as possible, from the resources of their parents thereby relieving or avoiding, to the fullest extent, the burden borne by the citizens of the state.

(b) In furtherance of said policy and not withstanding any conflicting statute or prior case law, it is declared that a parents legally enforceable obligation to pay child support, past and future:

(1) Continues until the childs eighteenth (18th) birthday or such later date or event set forth in the family courts decree of child support;

(2) Is not extinguished by but survives the parents death;

(3) Is enforceable as a priority creditors claim from the deceased parents probate estate;

(4) Is enforceable by imposition of a constructive trust over the deceased parents non-probate assets by equity petition in the superior court to the extent of any deficiency from the deceased parents probate estate;

(5) Takes precedence over and must be satisfied prior to any distribution of the deceased parents probate assets by intestacy or by will; and

(6) Cannot be nullified by disinheriting the child, however, a parent may exercise testamentary discretion and disinherit a child subject to the prior satisfaction of all his or her child support obligations, accrued and future.

(c) The family court may modify child support obligations only for a substantial change in circumstances while the child is a minor and the parent with the obligation to support the child is alive. After said parents death, the probate or superior court, as the case may be, shall hear and determine the childs claim and may award:

(1) Delinquent and/or accrued child support to the date of the parents death, with interest therein at the statutory rate; and

(2) Future or prospective child support until the childs eighteenth (18th) birthday or such later date or event set forth in the family courts decree of child support, offset by social security benefits payable to or for the child by reason of the parents death, and discounted to present value.
R.I. Gen. Laws § 33-15-10 — RI Code / Title 33 / Chapter 33-15 / Section 33-15-10
§ 33-15-10. Appointment of temporary limited guardian or guardian.
Status: in_force

The probate court for cause shown after notice, pending any application for the appointment of a limited guardian or guardian, or pending any appeal from a decree appointing a limited guardian or guardian, may, if it shall deem proper, appoint a temporary limited guardian or temporary guardian of the person and estate, or of the person or estate of the respondent.
R.I. Gen. Laws § 33-23-19 — RI Code / Title 33 / Chapter 33-23 / Section 33-23-19
§ 33-23-19. Transmission of final decree to probate court.
Status: in_force

A copy of the final judgment entered by the superior court, in any probate appeal under the provisions of this chapter, shall be certified and transmitted by the clerk of the superior court, without fee therefor, to the probate court appealed from.
R.I. Gen. Laws § 33-17-12 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-12
§ 33-17-12. Release of surety  New surety  Action by surety against principal.
Status: in_force

Upon a bond taken by a probate court, the surety, or his or her heirs, executors, or administrators, may at any time make written application to the court for relief from further liability on the bond, and thereupon the court shall cause reasonable notice of the application to be given to the principal on the bond and to all persons whom the court shall find to be directly interested in the estate for the security of which the bond was given, to appear and be heard upon the application. If it appears that the petition can be granted without prejudice to the estate, the court may order the principal to give, within such time as it may limit, a new probate bond; and if the order is not complied with, may remove him or her and appoint a successor. If the new bonds be duly given and approved, the surety on the original bond and his or her representatives shall not be liable for any breach thereafter committed, nor shall the surety or sureties on the succeeding bond be liable for any default occurring prior to the approval of the new bond. In any case where the surety upon any bond has become liable on the bond, he or she shall have liberty to institute any proper suit against his or her principal for his or her protection.
R.I. Gen. Laws § 33-17-14 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-14
§ 33-17-14. Copies of bond  Suit in name of court.
Status: in_force

Every person interested in a bond given to a probate court shall be entitled to a copy of the bond on payment of the fee therefor, and to sue on the bond in the name of the court to which the bond is given.
R.I. Gen. Laws § 33-9-16 — RI Code / Title 33 / Chapter 33-9 / Section 33-9-16
§ 33-9-16. Effect of borrowing by executor or administrator.
Status: in_force

Any borrowing authorized as provided in § 33-9-14 shall create a debt of the estate, and any mortgage, pledge, or lien authorized as provided in § 33-9-14 shall be, to the extent and in the manner authorized, binding upon the property so mortgaged; provided, however that nothing contained in §§ 33-9-14  33-9-17 shall be held to affect the right of the executor or administrator subsequently to contest the validity of any claim against the estate for the payment of which the borrowing was authorized. And no transaction, and no note, bond, covenant, or other obligation executed or entered into as a part of or as an incident to the transaction shall bind the executor or administrator personally, insofar as the transaction, note, bond, covenant, or other obligation is made or entered into by the executor or administrator in his or her representative capacity.
R.I. Gen. Laws § 33-11-43 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-43
§ 33-11-43. Superior court judgment  Costs.
Status: in_force

The judgment of the superior court, on appeal, shall ascertain the claims and amounts to be added to, or deducted from, the claims, pursuant to the provisions of § 33-23-1 et seq. The costs of the appeal shall be awarded by the court against either party, or be divided between them, as justice may require, and execution for the costs shall issue accordingly.
R.I. Gen. Laws § 33-7-6 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-6
§ 33-7-6. Investigation of alleged concealment of will.
Status: in_force

Upon complaint under oath, made to a probate court, by a person claiming to be interested in the estate of a person deceased against any one suspected of retaining, concealing, or conspiring with others to retain or conceal a will or testamentary instrument of the deceased, the court may cite the suspected person to appear before it and be examined under oath about the complaint. Upon examination, all interrogatories and answers shall be in writing, signed by the party examined, and shall be filed in the court. If the person cited refuses to appear and submit to examination, or to answer the interrogatories that are lawfully propounded to him or her, or to obey any lawful order of the court, he or she may be adjudged to be in contempt and may be committed to the adult correctional institutions, there to remain until he or she submits to the order of court. On the complaint, the court may, in its discretion, award costs to be paid by either party, and may issue execution therefor.
R.I. Gen. Laws § 33-17-25 — RI Code / Title 33 / Chapter 33-17 / Section 33-17-25
§ 33-17-25. Suit for benefit of all interested in estate.
Status: in_force

A suit may also be brought on a bond for the benefit of all concerned in the estate at the instance of any party interested, who shall give surety for costs to the defendant on the writ, and satisfactory bond to the probate court securing the court against expenses and costs; in which case, indorsement that the suit is brought for the benefit of all interested in the estate shall be made upon the writ.
R.I. Gen. Laws § 33-18-21 — RI Code / Title 33 / Chapter 33-18 / Section 33-18-21
§ 33-18-21. Recording of documents in court.
Status: in_force

Any paper or instrument discharging a claim or purporting to acknowledge the performance of a duty or the payment of money, for which an executor, administrator, or guardian is chargeable or accountable in a probate court, shall, upon the request of a party interested, be recorded in the records of the court, certified copies of which record may be used in evidence; and the probate clerk shall enter, record, index and certify any original paper or instrument offered as provided in this chapter.
R.I. Gen. Laws § 33-11-7 — RI Code / Title 33 / Chapter 33-11 / Section 33-11-7
§ 33-11-7. Affidavit to support claim.
Status: in_force

If requested by the personal representative or any party interested in decedents estate, a claimant shall file in the office of the clerk of the probate court a sworn affidavit stating to the best of the claimants knowledge and belief: (a) the legal basis or theory of the claim; (b) the facts and documentation supporting the claim; (c) the calculation of the amount claimed as justly due; (d) whether the estate was credited for all payments and offsets to which it is entitled; (e) whether and how the claim is secured; and (f) whether the claim is upon a negotiable instrument.
R.I. Gen. Laws § 33-7-9 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-9
§ 33-7-9. Notice to executors of petition for probate.
Status: in_force

If any of the executors named in a will are not parties to a petition for probate, the clerk of the probate court, upon probate of the will, shall forthwith notify by mail the executors who are not parties and whose post office addresses are known or can be ascertained.
R.I. Gen. Laws § 33-7-18 — RI Code / Title 33 / Chapter 33-7 / Section 33-7-18
§ 33-7-18. Request to record foreign probated will.
Status: in_force

Whenever the executor or any other person interested in any will, which has been finally proved and allowed in a probate court in any territory, district, or state of the United States, or in a probate court in any foreign country, shall produce a copy of the will and of the wills probate, duly authenticated according to an act of congress, to any probate court in any town or city in this state where the testator had property, real or personal, upon which the will may operate, and shall in writing request that the will may be filed and recorded in the office of the probate clerk in that town or city, the court shall assign a time and place for a hearing.
R.I. Gen. Laws § 33-16-15 — RI Code / Title 33 / Chapter 33-16 / Section 33-16-15
§ 33-16-15. Filing of annual account.
Status: in_force

Every guardian, who has received or shall receive on account of his or her ward any money or other thing of value from the veterans administration shall file with the court annually, in addition to any other accounts as may be required by the court, a full, true, and accurate account under oath of all money or other things of value received by him or her, all earnings, interest or profits derived therefrom, all property acquired therewith, all disbursements therefrom, and showing the balance thereof in his or her hands at the date of the account and how it is invested.