reglab/housing_qa huggingface dataset:
RI Gen L § 33-11-29 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-29 - Statements of contested claims against insolvent estate.

§ 33-11-29. Statements of contested claims against insolvent estate.At least fourteen (14) days before the first scheduled hearing date for claims in an insolvent estate as set forth in § 33-11-28, the executor or administrator shall file in the office of the probate clerk a statement disallowing claims, not previously disallowed, as he or she intends to contest, and he or she shall from time to time, and as soon as may be, file a like statement with respect to any claim thereafter filed which he or she intends to contest.History of Section.C.P.A. 1905, § 896; G.L. 1909, ch. 314, § 16; G.L. 1923, ch. 365, § 16; G.L. 1938, ch. 578, § 16; G.L. 1956, § 33-11-29; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2.
RI Gen L § 33-11-30 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-30 - Notice of disallowance by executor or administrator or objection by interested party.

§ 33-11-30. Notice of disallowance by executor or administrator or objection by interested party.When such disallowance is filed, the executor or administrator shall forthwith give written notice to the claimant, either personally or by registered or certified mail. When objection is filed by an interested person, the clerk shall forthwith give notice in like manner to the claimant.History of Section.C.P.A. 1905, § 897; G.L. 1909, ch. 314, § 17; G.L. 1923, ch. 365, § 17; G.L. 1938, ch. 578, § 17; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 33-11-30.
RI Gen L § 33-11-31 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-31 - Power of probate court over witnesses.

§ 33-11-31. Power of probate court over witnesses.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.History of Section.C.P.A. 1905, § 903; G.L. 1909, ch. 314, § 23; G.L. 1923, ch. 365, § 23; G.L. 1938, ch. 578, § 23; G.L. 1956, § 33-11-31; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2.
RI Gen L § 33-11-32 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-32 - Secured claims against insolvent estates.

§ 33-11-32. Secured claims against insolvent estates.If a creditor, having a security for his or her claim against an insolvent estate upon any property of the estate, files his or her claim, the probate court shall inquire into the cash value of the security, and if the court allows the claim, the executor or administrator shall give the creditor personal notice of the amount allowed and the value of the security as reported by the court and unless the creditor shall, within fifteen (15) days after receiving notice, lodge with the court a certificate of his or her election to relinquish the security, he or she is entitled to a dividend from the estate upon the excess only of his or her claim above the amount of the court's valuation of the security.History of Section.C.P.A. 1905, § 907; G.L. 1909, ch. 314, § 27; G.L. 1923, ch. 365, § 27; G.L. 1938, ch. 578, § 27; G.L. 1956, § 33-11-32; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2.
RI Gen L § 33-11-33 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-33 - Repealed.

§ 33-11-33. Repealed.History of Section.C.P.A. 1905, § 904; G.L. 1909, ch. 314, § 24; G.L. 1923, ch. 365, § 24; G.L. 1938, ch. 578, § 24; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2; Repealed by P.L. 2008, ch. 307, § 1, effective July 5, 2008.
RI Gen L § 33-11-34 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-34 - Interest on claims against insolvent estate.

§ 33-11-34. Interest on claims against insolvent estate.In insolvent estate cases, the probate court shall allow interest to the death of the testator or intestate on claims drawing interest, and on claims not due at the death of the testator or intestate he or she shall ascertain their value as of the date of the death of the decedent.History of Section.C.P.A. 1905, § 905; G.L. 1909, ch. 314, § 25; G.L. 1923, ch. 365, § 25; G.L. 1938, ch. 578, § 25; G.L. 1956, § 33-11-34; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2.
RI Gen L § 33-11-35 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-35 - Offset of mutual claims.

§ 33-11-35. Offset of mutual claims.When there are mutual claims between the estate of the decedent and the claimant, which are subject to offset, the probate court, after reducing the claim to its present value, shall consider any mutual claims and allow the claimant only the balance justly due.History of Section.C.P.A. 1905, § 906; G.L. 1909, ch. 314, § 26; G.L. 1923, ch. 365, § 26; G.L. 1938, ch. 578, § 26; G.L. 1956, § 33-11-35; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2; P.L. 2008, ch. 307, § 2.
RI Gen L § 33-11-36 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-36 - Repealed.

§ 33-11-36. Repealed.
RI Gen L § 33-11-37 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-37 - Notice of disallowance by probate court.

§ 33-11-37. Notice of disallowance by probate court.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.History of Section.C.P.A. 1905, § 908; G.L. 1909, ch. 314, § 28; G.L. 1923, ch. 365, § 28; G.L. 1938, ch. 578, § 28; G.L. 1956, § 33-11-37; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2.
RI Gen L § 33-11-38 - 33-11-41 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-38 - 33-11-41 - Repealed.

§ 33-11-38 — 33-11-41. Repealed.History of Section.C.P.A. 1905 § 910 - 912, 914; G.L. 1909, ch. 314, § 30 - 32, 34; G.L. 1923, ch. 365, § 30 - 32, 34; G.L. 1938, ch. 578, § 30 - 32, 34; G.L. 1956, § 33-11-38 - 41; P.L. 1996, ch. 110, § 5; Repealed by P.L. 2000, ch. 427, § 3, effective July 20, 2000.
RI Gen L § 33-11-42 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-42 - Actions beyond probate court.

§ 33-11-42. Actions beyond probate court.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.History of Section.C.P.A. 1905, § 915; G.L. 1909, ch. 314, § 35; G.L. 1923, ch. 365, § 35; G.L. 1938, ch. 578, § 35; G.L. 1956, § 33-11-42; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2; P.L. 2008, ch. 307, § 2.
RI Gen L § 33-11-43 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-43 - Superior court judgment - Costs.

§ 33-11-43. Superior court judgment — Costs.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.History of Section.C.P.A. 1905, § 916; G.L. 1909, ch. 314, § 36; G.L. 1923, ch. 365, § 36; G.L. 1938, ch. 578, § 36; G.L. 1956, § 33-11-43; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2.
RI Gen L § 33-11-44 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-44 - Claims based on action commenced against decedent before death.

§ 33-11-44. Claims based on action commenced against decedent before death.Any action or suit brought against a decedent in his or her lifetime, which survives, and in which the personal representative shall be notified to take upon itself the defense as provided in § 33-18-8, and any action or suit, upon any cause of action originating in the lifetime of the decedent and which survives, brought against the personal representative before the estate has been represented insolvent, shall not abate, but may be prosecuted to final judgment against the estate. Those claims may be presented in the office of the probate clerk as provided in §§ 33-11-4 and 33-11-5, but need not be proved before the probate court, or the personal representative may be joined as a defendant with notice to the probate court and served in the pending action. Execution upon the judgment in the case shall be stayed. If the estate is, or shall be represented insolvent, the amount of the judgment shall be included in or added as a claim against the estate, subject to the provisions of § 33-11-32, but shall not be subject to appeal; and if the estate is solvent, execution may issue at any time after claims of the same class are payable.History of Section.C.P.A. 1905, § 917; G.L. 1909, ch. 314, § 37; G.L. 1923, ch. 365, § 37; G.L. 1938, ch. 578, § 37; G.L. 1956, § 33-11-44; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2; P.L. 2008, ch. 307, § 2.
RI Gen L § 33-11-45 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-45 - Claim barred by failure to prove or prosecute.

§ 33-11-45. Claim barred by failure to prove or prosecute.If a claimant shall not request probate court determination of its disallowed claim or bring civil action on its disallowed claim within the deadlines of this chapter, any action on said claim against the personal representative and estate of the decedent shall be forever barred. Affidavit of the personal representative or certificate of the district or superior court clerk that no civil action was brought by the claimant in the relevant time period shall be sufficient to establish failure to timely prosecute.History of Section.C.P.A. 1905, § 918; G.L. 1909, ch. 314, § 38; G.L. 1923, ch. 365, § 38; G.L. 1938, ch. 578, § 38; G.L. 1956, § 33-11-45; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2; P.L. 2008, ch. 307, § 2.
RI Gen L § 33-11-46, 33-11-47 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-46, 33-11-47 - Repealed.

§ 33-11-46, 33-11-47. Repealed.History of Section.C.P.A. 1905, §§ 919, 921; G.L. 1909, ch. 314, §§ 39, 41; G.L. 1923, ch. 365, §§ 39, 41; G.L. 1938, ch. 578, §§ 39, 41; P.L. 1941, ch. 1003, § 5; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2; Repealed by P.L. 2008, ch. 307, § 1, effective July 5, 2008.
RI Gen L § 33-11-48 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-48 - Action on disallowed claim.

§ 33-11-48. Action on disallowed claim.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.History of Section.C.P.A. 1905, § 891; G.L. 1909, ch. 314, § 11; P.L. 1915, ch. 1260, § 4; G.L. 1923, ch. 365, § 11; G.L. 1938, ch. 578, § 11; G.L. 1956, § 33-11-48; P.L. 1984, ch. 402, § 1; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2; P.L. 2008, ch. 307, § 2.
RI Gen L § 33-11-49 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-49 - Actions barred within time for filing claims.

§ 33-11-49. Actions barred within time for filing claims.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.History of Section.C.P.A. 1905, § 972; G.L. 1909, ch. 318, § 7; G.L. 1923, ch. 369, § 7; G.L. 1938, ch. 579, § 7; G.L. 1956, § 33-11-49; P.L. 2008, ch. 307, § 2.
RI Gen L § 33-11-50 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-50 - Limitation of actions by creditors of decedent.

§ 33-11-50. Limitation of actions by creditors of decedent.No personal representative shall be held to answer to the suit of a creditor of the decedent, except to a suit on the fiduciary's bond, or as is otherwise provided, unless the suit is commenced within two (2) years from the date of the first publication and before any order of distribution has been made on the estate of the decedent.History of Section.C.P.A. 1905, § 973; G.L. 1909, ch. 318, § 8; G.L. 1923, ch. 369, § 8; G.L. 1938, ch. 579, § 8; G.L. 1956, § 33-11-50; P.L. 2008, ch. 307, § 2.
RI Gen L § 33-11-51 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-11 - Claims Against Decedents' Estates|Section 33-11-51 - Survival of child support obligations - Enforcement of claims - Child support public policy.

§ 33-11-51. Survival of child support obligations — Enforcement of claims — Child support public policy.(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.History of Section.P.L. 2008, ch. 298, § 1; P.L. 2008, ch. 314, § 1.
RI Gen L § 33-12-1 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-12 - Payment of Decedents' Debts and Charges|Section 33-12-1 - Estate chargeable with debts.

§ 33-12-1. Estate chargeable with debts.The estate, real and personal, of every deceased person shall be chargeable with the expenses of administration, including allowances to widow and family, the funeral charges of the deceased, including the cost of a place of burial, if necessary, and the payment of his or her debts; and the same shall be paid by the executor or administrator out of the estate, so far as the same shall be sufficient therefor.History of Section.C.P.A. 1905, § 966; G.L. 1909, ch. 318, § 1; G.L. 1923, ch. 369, § 1; G.L. 1938, ch. 579, § 1; G.L. 1956, § 33-12-1.
RI Gen L § 33-12-2 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-12 - Payment of Decedents' Debts and Charges|Section 33-12-2 - Order of application of property.

§ 33-12-2. Order of application of property.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.History of Section.C.P.A. 1905, § 967; G.L. 1909, ch. 318, § 2; G.L. 1923, ch. 369, § 2; G.L. 1938, ch. 579, § 2; G.L. 1956, § 33-12-2.
RI Gen L § 33-12-3 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-12 - Payment of Decedents' Debts and Charges|Section 33-12-3 - Expenses included in expenses of administration.

§ 33-12-3. Expenses included in expenses of administration.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.History of Section.C.P.A. 1905, § 968; G.L. 1909, ch. 318, § 3; G.L. 1923, ch. 369, § 3; G.L. 1938, ch. 579, § 3; G.L. 1956, § 33-12-3; P.L. 1995, ch. 323, § 26.
RI Gen L § 33-12-4 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-12 - Payment of Decedents' Debts and Charges|Section 33-12-4 - Sale or mortgage of real estate when personalty insufficient.

§ 33-12-4. Sale or mortgage of real estate when personalty insufficient.If the personal property of a deceased person is insufficient to pay his or her debts, funeral expenses, charges of administration, and the expense of supporting his or her family, as prescribed by law, and the legacies as are expressly or impliedly charged upon the real estate, his or her executor or administrator shall sell or mortgage for an amount decreed, in the manner provided in this chapter, so much of his or her real estate or of any interest in the real estate as may be subject to and required for the purpose of payments.History of Section.C.P.A. 1905, § 734; G.L. 1909, ch. 308, § 1; P.L. 1918, ch. 1640, § 1; G.L. 1923, ch. 359, § 1; G.L. 1938, ch. 570, § 1; G.L. 1956, § 33-12-4.
RI Gen L § 33-12-5 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-12 - Payment of Decedents' Debts and Charges|Section 33-12-5 - Real estate not devised applied first.

§ 33-12-5. Real estate not devised applied first.Unless a different intention appear by the will, real estate not devised shall be subjected to the payment of debts and legacies, before real estate devised.History of Section.C.P.A. 1905, § 735; G.L. 1909, ch. 308, § 2; G.L. 1923, ch. 359, § 2; G.L. 1938, ch. 570, § 2; G.L. 1956, § 33-12-5.
RI Gen L § 33-12-6 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-12 - Payment of Decedents' Debts and Charges|Section 33-12-6 - Sale of real estate to effect prompt settlement of estate.

§ 33-12-6. Sale of real estate to effect prompt settlement of estate.The executor or administrator may sell the real estate of a deceased person despite the sufficiency of the personal property to pay the debts, funeral expenses and the items above enumerated whenever in the discretion of the probate court this action seems desirable in effecting a prompt and efficient settlement of the estate; provided, however, that this authority shall not be given with reference to real estate specifically devised, unless the specific devisees consent in writing thereto. An executor with a valid power of sale under a will may convey specifically devised property with the written consent of the specific devisee.History of Section.G.L. ch. 570, § 1, as enacted by P.L. 1945, ch. 1563, § 1; G.L. 1956, § 33-12-6; P.L. 1962, ch. 127, § 1; P.L. 2001, ch. 221, § 1.
RI Gen L § 33-12-7 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-12 - Payment of Decedents' Debts and Charges|Section 33-12-7 - Powers of temporary executors and administrators with will annexed over realty.

§ 33-12-7. Powers of temporary executors and administrators with will annexed over realty.Executors for the time being, or administrators with the will annexed, shall have the same powers to sell, lease, mortgage, or make conveyances of real estate as are given by will to the original executors, unless these powers are expressly given to the executors as individuals apart from the office, or unless provision to the contrary be made in the will.History of Section.C.P.A. 1905, § 840; G.L. 1909, ch. 312, § 26; G.L. 1923, ch. 363, § 26; G.L. 1938, ch. 575, § 24; G.L. 1956, § 33-12-7.
RI Gen L § 33-12-8 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-12 - Payment of Decedents' Debts and Charges|Section 33-12-8 - Public or private sale of assets.

§ 33-12-8. Public or private sale of assets.Any sale of the assets of an estate by the executor or administrator shall be made at public auction, after reasonable notice of the sale, or by private sale under the advice and direction of the probate court, provided that this advice and direction shall not be required in the case of a sale at private sale by an executor or an administrator with the will annexed in the exercise of a power to sell at private sale conferred on him or her by the will. A private sale, unless authorized by the probate court or by the will, or a sale by auction improperly made, shall be deemed maladministration.History of Section.C.P.A. 1905, § 1000; G.L. 1909, ch. 319, § 6; G.L. 1923, ch. 370, § 6; G.L. 1938, ch. 578, § 47; P.L. 1944, ch. 1419, § 1; G.L. 1956, § 33-12-8.