reglab/housing_qa huggingface dataset:
RI Gen L § 33-12-9 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-12 - Payment of Decedents' Debts and Charges|Section 33-12-9 - Application of rents and income of real estate to debts - Leases by executor or administrator.

§ 33-12-9. Application of rents and income of real estate to debts — Leases by executor or administrator.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.History of Section.C.P.A. 1905, § 847; G.L. 1909, ch. 312, § 33; G.L. 1923, ch. 363, § 33; G.L. 1938, ch. 575, § 31; P.L. 1939, ch. 659, § 2; G.L. 1956, § 33-12-9; P.L. 1995, ch. 323, § 26.
RI Gen L § 33-12-10 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-12 - Payment of Decedents' Debts and Charges|Section 33-12-10 - Application of rents and income from real estate for repairs, taxes, and mortgage.

§ 33-12-10. Application of rents and income from real estate for repairs, taxes, and mortgage.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.History of Section.C.P.A. 1905, § 848; G.L. 1909, ch. 312, § 34; P.L. 1922, ch. 2196, § 2; G.L. 1923, ch. 363, § 34; G.L. 1938, ch. 575, § 32; G.L. 1956, § 33-12-10.
RI Gen L § 33-12-11 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-12 - Payment of Decedents' Debts and Charges|Section 33-12-11 - Order of preference of debts.

§ 33-12-11. Order of preference of debts.(a) If the estate of a decedent is insufficient to pay his or her debts, the same, after deducting the charges of administration, and any property as is set off and allowed to the widow and family, shall be applied to the payment of his or her debts and charges in the following order:(1) The necessary funeral charges of the deceased.(2) The necessary expenses of his or her last sickness.(3) Debts due to the United States.(4) Debts due to this state, and all state and town taxes.(5) Past and future child support obligations pursuant to § 33-11-51.(6) Wages of labor performed within six (6) months next prior to the death of the deceased person, not exceeding one thousand dollars ($1,000) to any one person.(7) Proceeds due the Rhode Island state lottery pursuant to § 42-61-6.2.(8) Other debts filed within six (6) months of the first notice.(9) All other debts.(b) If there is not sufficient property to pay all the debts of any class, the creditors of that class shall be paid ratably upon their respective claims; and no payment shall be made to creditors of any class until all of those of the preceding class or classes have been paid in full.History of Section.C.P.A. 1905, § 913; G.L. 1909, ch. 314, § 33; G.L. 1923, ch. 365, § 33; G.L. 1938, ch. 578, § 33; G.L. 1956, § 33-12-11; P.L. 1981, ch. 288, § 2; P.L. 2008, ch. 298, § 2; P.L. 2008, ch. 314, § 2.
RI Gen L § 33-12-12 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-12 - Payment of Decedents' Debts and Charges|Section 33-12-12 - Decrees for distribution of insolvent estates.

§ 33-12-12. Decrees for distribution of insolvent estates.After the expiration of the time for claiming an appeal from the decree on the report of the commissioners on an insolvent estate, the probate court shall make a decree for the distribution of the estate among the creditors whose claims are allowed. If an appeal is claimed or if a suit is pending against the estate, the decree may be suspended until the determination of the appeal or suit, or a distribution may be ordered among the creditors whose claims are allowed, leaving in the hands of the executor or administrator an amount sufficient to pay claimants whose appeals or suits are pending a proportion equal to that of the other creditors. In case further assets shall come to the hands of the executor or administrator after the decree of distribution, the probate court shall make from time to time further decrees of distribution among the creditors.History of Section.C.P.A. 1905, § 920; G.L. 1909, ch. 314, § 40; G.L. 1923, ch. 365, § 40; G.L. 1938, ch. 578, § 40; G.L. 1956, § 33-12-12.
RI Gen L § 33-12-13 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-12 - Payment of Decedents' Debts and Charges|Section 33-12-13 - Disposition of assets of nonresident.

§ 33-12-13. Disposition of assets of nonresident.When a will is filed and recorded, or administration is granted in this state on the estate of a person who was an inhabitant of any other state, territory or district of the United States, or of a foreign country, his or her estate, real and personal, found here shall, after payment of his or her debts, be disposed of according to his or her will, if he or she left any executed according to law; otherwise, the real estate shall descend according to the laws of this state, and his or her personal estate shall be distributed and disposed of according to the laws of the state, territory, district or country of which he or she was an inhabitant.History of Section.C.P.A. 1905, § 854; G.L. 1909, ch. 312, § 40; G.L. 1923, ch. 363, § 40; G.L. 1938, ch. 575, § 38; G.L. 1956, § 33-12-13.
RI Gen L § 33-12-14 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-12 - Payment of Decedents' Debts and Charges|Section 33-12-14 - Distribution or transfer to domiciliary executor or administrator of personalty of nonresident.

§ 33-12-14. Distribution or transfer to domiciliary executor or administrator of personalty of nonresident.Upon the settlement of the estate, and after the payment of all debts for which the estate is liable in this state, the residue of the personal estate may be distributed and disposed of in the manner provided by this chapter by the probate court; or, in the discretion of the court, it may be transmitted to the executor or administrator, if any, in the state, territory, district or country where the deceased had his or her domicile.History of Section.C.P.A. 1905, § 855; G.L. 1909, ch. 312, § 41; G.L. 1923, ch. 363, § 41; G.L. 1938, ch. 575, § 39; G.L. 1956, § 33-12-14.
RI Gen L § 33-12-15 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-12 - Payment of Decedents' Debts and Charges|Section 33-12-15 - Preference to citizens of state in distribution of insolvent estate of nonresident.

§ 33-12-15. Preference to citizens of state in distribution of insolvent estate of nonresident.If a person dies insolvent, his or her estate found in this state shall, as far as practicable, be so disposed of that all his or her creditors here and elsewhere may receive each an equal share in proportion to their respective debts. To this end, his or her estate shall not be transmitted to the foreign executor or administrator until all the creditors who are citizens of this state, filing and proving their claims according to law, have received the just proportion that would be due to them if the whole estate of the deceased, wherever found, that is applicable to the payment of creditors, were divided among all the creditors in proportion to their respective debts, without preferring any one species of debt to another, excepting those preferred by the statutes of this state; and no creditor, who is not a citizen of this state, shall be paid out of the assets found here until all those who are citizens have received their just proportion as provided in this section.History of Section.C.P.A. 1905, § 856; G.L. 1909, ch. 312, § 42; G.L. 1923, ch. 363, § 42; G.L. 1938, ch. 575, § 40; G.L. 1956, § 33-12-15.
RI Gen L § 33-12-16 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-12 - Payment of Decedents' Debts and Charges|Section 33-12-16 - Residue of insolvent estate of nonresident after payment to citizens.

§ 33-12-16. Residue of insolvent estate of nonresident after payment to citizens.If there is any residue after payment to the citizens of this state, it may be paid to any creditors who have duly filed and proved their debts here in proportion to the amount due to each of them; but no one shall receive more than would be due to him or her if the whole estate were divided ratably among all the creditors as provided in § 33-12-15. The balance may be transmitted to the foreign executor or administrator; but if there is no foreign executor or administrator, it shall, after the expiration of four (4) years from the qualification of the administrator in this state, be distributed ratably among all creditors, both citizens and others, who have proved their debts in this state.History of Section.C.P.A. 1905, § 857; G.L. 1909, ch. 312, § 43; G.L. 1923, ch. 363, § 43; G.L. 1938, ch. 575, § 41; G.L. 1956, § 33-12-16.
RI Gen L § 33-13-1 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-13 - Legacies, Devises, and Inheritance|Section 33-13-1 - Notice of devise or bequest to corporation or association.

§ 33-13-1. Notice of devise or bequest to corporation or association.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.History of Section.C.P.A. 1905, § 864; G.L. 1909, ch. 312, § 50; G.L. 1923, ch. 363, § 50; G.L. 1938, ch. 575, § 48; G.L. 1956, § 33-13-1; P.L. 2006, ch. 335, § 1.
RI Gen L § 33-13-2 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-13 - Legacies, Devises, and Inheritance|Section 33-13-2 - Order for conversion of personalty into cash and distribution.

§ 33-13-2. Order for conversion of personalty into cash and distribution.If the estate of a deceased person is to be distributed in whole or in part, the probate court, upon the petition of any person interested, after any notice as it may direct, may order the executor or administrator to convert the personal property into cash and to distribute the cash among the persons entitled to receive it.History of Section.C.P.A. 1905, § 1005; G.L. 1909, ch. 319, § 11; G.L. 1923, ch. 370, § 11; G.L. 1938, ch. 578, § 48; G.L. 1956, § 33-13-2.
RI Gen L § 33-13-3 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-13 - Legacies, Devises, and Inheritance|Section 33-13-3 - Restrictions on power of heir or devisee to incumber or alien realty.

§ 33-13-3. Restrictions on power of heir or devisee to incumber or alien realty.No heir or devisee of a deceased person shall have power, within two (2) years and six (6) months after the first publication of the notice of the qualification of the first executor or administrator on the estate of the deceased person, to incumber or alien the real estate of the deceased so as to prevent or affect the sale of the real estate by the executor or administrator, if necessary, as prescribed by law; provided, however, unless otherwise directed by will or codicil, that after the expiration of the period of two (2) years and six (6) months from the date of first publication, without any deduction of time when there was no representative of the estate, the heir or devisee may alien or incumber the real estate, and the real estate shall not be chargeable with any lien for the debts of the deceased.History of Section.C.P.A. 1905, § 994; G.L. 1909, ch. 318, § 29; G.L. 1923, ch. 369, § 29; G.L. 1938, ch. 579, § 29; G.L. 1956, § 33-13-3.
RI Gen L § 33-13-4 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-13 - Legacies, Devises, and Inheritance|Section 33-13-4 - Rights of creditors and heirs where no administration granted.

§ 33-13-4. Rights of creditors and heirs where no administration granted.Any creditor or creditors of any deceased person who shall have died intestate, being seised at the time of his or her death of real estate within the state, and upon whose estate no letters of administration shall have been taken, shall be forever barred from collecting their claim or claims against the estate of such deceased person, unless they shall, within the period of six (6) years of the death of the person, petition the probate court having jurisdiction for letters of administration upon the estate; and the heirs of the deceased person may alien or incumber the real estate freed from the claim of all creditors after the period of six (6) years shall have elapsed without a petition having been filed as provided in this section; provided, that nothing in this section shall be construed to affect the right of any creditor to satisfy his or her claim from any security held by him or her.History of Section.G.L., ch. 318, § 30, as enacted by P.L. 1914, ch. 1099, § 1; G.L. 1923, ch. 369, § 30; G.L. 1938, ch. 579, § 30; G.L. 1956, § 33-13-4.
RI Gen L § 33-13-5 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-13 - Legacies, Devises, and Inheritance|Section 33-13-5 - Payment of legacy on giving of indemnity bond.

§ 33-13-5. Payment of legacy on giving of indemnity bond.When an executor or administrator, after having given bond for the discharge of his or her trust, is requested by a legatee to make payment in whole or in part of a legacy, the probate court, if the executor or administrator consents, may require that the legatee shall first give bond to the executor or administrator, with surety or sureties to be approved by the court, and conditioned to refund the amount to be paid, or so much thereof as may be necessary to satisfy any demands that may be afterwards recovered against the estate of the deceased, and so indemnify the executor or administrator against all other loss and damage on account of the payment.History of Section.C.P.A. 1905, § 976; G.L. 1909, ch. 318, § 11; G.L. 1923, ch. 369, § 11; G.L. 1938, ch. 579, § 11; P.L. 1951, ch. 2744, § 1; G.L. 1956, § 33-13-5.
RI Gen L § 33-13-6 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-13 - Legacies, Devises, and Inheritance|Section 33-13-6 - Filing of statement listing legatees - Notice.

§ 33-13-6. Filing of statement listing legatees — Notice.An executor may, and for cause shown shall, file within two (2) years after the date of the first publication, or any further time as the probate court may allow, and at the time during the periods as the court may direct, a statement in the office of the clerk of the probate court setting out the names of the legatees, the amounts to be paid, and the property to be turned over to them respectively, or to be held by himself or herself as trustee. Notice of the filing of the statement and of the time and place fixed by the court for hearing on the statement shall be given by advertisement at least twice each week for two (2) successive weeks in some newspaper, as ordered by the court. The probate clerk shall also give notice by registered or certified mail to all persons interested whose post office addresses are known.History of Section.C.P.A. 1905, § 978; G.L. 1909, ch. 318, § 13; P.L. 1910, ch. 584, § 1; G.L. 1923, ch. 369, § 13; G.L. 1938, ch. 579, § 13; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 33-13-6.
RI Gen L § 33-13-7 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-13 - Legacies, Devises, and Inheritance|Section 33-13-7 - Approval of statement listing legatees - Order to pay legacies.

§ 33-13-7. Approval of statement listing legatees — Order to pay legacies.Upon a hearing on the statement, the court shall approve the statement as filed, or shall amend and approve the same as amended, and shall enter its order directing the payment and satisfaction of the legacies. If an appeal is taken, the probate court may order the payment and satisfaction of legacies not affected by the appeal.History of Section.C.P.A. 1905, § 979; G.L. 1909, ch. 318, § 14; G.L. 1923, ch. 369, § 14; G.L. 1938, ch. 579, § 14; G.L. 1956, § 33-13-7.
RI Gen L § 33-13-8 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-13 - Legacies, Devises, and Inheritance|Section 33-13-8 - Determination of questions as to legacies.

§ 33-13-8. Determination of questions as to legacies.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.History of Section.C.P.A. 1905, § 980; G.L. 1909, ch. 318, § 15; G.L. 1923, ch. 369, § 15; G.L. 1938, ch. 579, § 15; G.L. 1956, § 33-13-8.
RI Gen L § 33-13-8.1 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-13 - Legacies, Devises, and Inheritance|Section 33-13-8.1 - Distributions in kind in satisfaction of pecuniary bequests.

§ 33-13-8.1. Distributions in kind in satisfaction of pecuniary bequests.(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.History of Section.G.L., § 33-13-8.1, as enacted by P.L. 1969, ch. 241, § 1.
RI Gen L § 33-13-9 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-13 - Legacies, Devises, and Inheritance|Section 33-13-9 - Action for recovery of legacy - Action to preserve lien or charge upon real estate.

§ 33-13-9. Action for recovery of legacy — Action to preserve lien or charge upon real estate.(a) A legatee may recover his or her legacy in a civil action; but no action shall be brought for recovery against an executor or administrator with the will annexed, for the recovery of a legacy, until the executor or administrator has filed a statement of the legacies to be paid under the provisions of § 33-13-6 or failed to comply with the provisions of § 33-13-6.(b) All actions to impress and preserve a lien or charge upon real estate based upon a will duly proven after May 28, 1959, wherein real estate is subject to a lien or charge expressed or implied, shall be commenced and sued within six (6) years from the date the will is proven or the right accrues and not later; and all actions to impress and preserve a lien or charge upon real estate based upon a will duly proven prior to May 28, 1959, wherein real estate is subject to a lien or charge expressed or implied, shall be commenced and sued within six (6) years from May 28, 1959, or if on the effective date the right to sue shall not have accrued, then within six (6) years of the time when the right to sue shall have accrued, and not later; and in any event any such lien or charge shall be wholly lost unless notice of the suit shall be filed in the land records of the city or town where the real estate lies within ten (10) days of the commencement of the suit.History of Section.C.P.A. 1905, § 977; G.L. 1909, ch. 318, § 12; G.L. 1923, ch. 369, § 12; G.L. 1938, ch. 579, § 12; G.L. 1956, § 33-13-9; P.L. 1959, ch. 115, § 1.
RI Gen L § 33-13-10 (2021)
2021 Rhode Island General Laws|Title 33 - Probate Practice and Procedure|Chapter 33-13 - Legacies, Devises, and Inheritance|Section 33-13-10 - Action for an accounting brought by residuary legatee.

§ 33-13-10. Action for an accounting brought by residuary legatee.An executor, being a residuary legatee, may bring an action for an accounting against his or her co-executor concerning the estate in his or her hands, and for his or her part thereof, and every other residuary legatee shall have the like remedy against an executor or administrator with the will annexed; but in both cases without prejudice to any other remedies.History of Section.C.P.A. 1905, § 981; G.L. 1909, ch. 318, § 16; G.L. 1923, ch. 369, § 16; G.L. 1938, ch. 579, § 16; G.L. 1956, § 33-13-10.