reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-15. - Petition for filing of late disallowance.

§ 33-11-15. Petition for filing of late disallowance.
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.
History of Section.
G.L., ch. 314, § 6, as enacted by P.L. 1910, ch. 583, § 1; P.L. 1915, ch. 1260, § 4; G.L. 1923, ch. 365, § 6; G.L. 1938, ch. 578, § 6; P.L. 1941, ch. 1003, § 3; G.L. 1956, § 33-11-15; P.L. 2008, ch. 307, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-16. - Probate court determination of disallowed claims against solvent estate.

§ 33-11-16. Probate court determination of disallowed claims against solvent estate.
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.
History of Section.
C.P.A. 1905, § 888; G.L. 1909, ch. 314, § 8; G.L. 1923, ch. 365, § 8; G.L. 1938, ch. 578, § 8; G.L. 1956, § 33-11-16; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2; P.L. 2008, ch. 307, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-17. - Repealed.

§ 33-11-17. Repealed.
History of Section.
C.P.A. 1905, § 889; G.L. 1909, ch. 314, § 9; G.L. 1923, ch. 365, § 9; G.L. 1938, ch. 578, § 9; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2; Repealed by P.L. 2008, ch. 307, § 1, effective July 5, 2008.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-18. - Repealed.

§ 33-11-18. Repealed.
History of Section.
C.P.A. 1905 § 892; G.L. 1909, ch. 314, § 12; G.L. 1923, ch. 365, § 12; G.L. 1938, ch. 578, § 12; G.L. 1956 § 33-11-18; P.L. 1996, ch. 110, § 5; Repealed by P.L. 2000, ch. 427, § 3, effective July 20, 2000.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-19. - Payment of claims allowed or proved.

§ 33-11-19. Payment of claims allowed or proved.
(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.
History of Section.
C.P.A. 1905, § 887; G.L. 1909, ch. 314, § 7; G.L. 1923, ch. 365, § 7; G.L. 1938, ch. 578, § 7; P.L. 1941, ch. 1003, § 4; G.L. 1956, § 33-11-19; P.L. 2008, ch. 307, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-20. - Application of later discovered assets — Extension of time for presenting claims.

§ 33-11-20. Application of later discovered assets — Extension of time for presenting claims.
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.
History of Section.
C.P.A. 1905, § 975; G.L. 1909, ch. 318, § 10; G.L. 1923, ch. 369, § 10; G.L. 1938, ch. 579, § 10; P.L. 1941, ch. 1003, § 6; G.L. 1956, § 33-11-20; P.L. 2008, ch. 307, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-21. - Estate rendered insolvent by claims after allowance of account.

§ 33-11-21. Estate rendered insolvent by claims after allowance of account.
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.
History of Section.
C.P.A. 1905, § 894; G.L. 1909, ch. 314, § 14; G.L. 1923, ch. 365, § 14; G.L. 1938, ch. 578, § 14; G.L. 1956, § 33-11-21; P.L. 2008, ch. 307, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-22. - Estate rendered insolvent by late claims.

§ 33-11-22. Estate rendered insolvent by late claims.
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.
History of Section.
C.P.A. 1905, § 895; G.L. 1909, ch. 314, § 15; G.L. 1923, ch. 365, § 15; G.L. 1938, ch. 578, § 15; G.L. 1956, § 33-11-22; P.L. 2008, ch. 307, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-23. - Disallowed claims against insolvent estates to be heard by probate court.

§ 33-11-23. Disallowed claims against insolvent estates to be heard by probate court.
All claims against an insolvent estate which are disallowed shall be heard and decided by the probate court.
History of Section.
C.P.A. 1905, § 898; G.L. 1909, ch. 314, § 18; G.L. 1923, ch. 365, § 18; G.L. 1938, ch. 578, § 18; G.L. 1956, § 33-11-23; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-24. - Hearings on insolvent estates.

§ 33-11-24. Hearings on insolvent estates.
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.
History of Section.
C.P.A. 1905, § 893; G.L. 1909, ch. 314, § 13; G.L. 1923, ch. 365, § 13; G.L. 1938, ch. 578, § 13; G.L. 1956, § 33-11-24; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2; P.L. 2008, ch. 307, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-25 - — 33-11-27. Repealed.

§ 33-11-25 — 33-11-27. Repealed.
History of Section.
C.P.A. 1905 §§ 889 — 901; G.L. 1909, ch. 314, §§ 19 — 21; G.L. 1923, ch. 365, §§ 19 — 21; G.L. 1938, ch. 578, §§ 19 — 21; G.L. 1956, §§ 33-11-25 — 33-11-27; P.L. 1996, ch. 110, § 5); Repealed by P.L. 2000, ch. 427, § 3, effective July 20, 2000.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-28. - Notice of hearings on insolvent estates.

§ 33-11-28. Notice of hearings on insolvent estates.
In all insolvent estates, the probate court shall advertise notice of its hearings in one or more newspapers published in this state, as ordered by the court, at least once each week for two (2) successive weeks before the hearing. The court shall, by mail or otherwise, give to all creditors whose claims are disallowed at least seven (7) days’ written notice of the times and places of the hearings.
History of Section.
C.P.A. 1905, § 902; G.L. 1909, ch. 314, § 22; G.L. 1923, ch. 365, § 22; G.L. 1938, ch. 578, § 22; G.L. 1956, § 33-11-28; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.