reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-4. - Sale of tangible personal property pending appeal.

§ 33-23-4. Sale of tangible personal property pending appeal.
In case of an appeal from an order or decree of a probate court granting letters testamentary, of administration, of administration with the will annexed or of guardianship, the executor, administrator, administrator with the will annexed, or guardian, pending the appeal, upon leave of the probate court first obtained, may sell at public auction or private sale any tangible personal property of the testator, intestate, or ward, which are liable to perish or waste or to be greatly reduced in value by keeping, or which cannot be kept without great and disproportionate expense, and hold the proceeds of those sales, after deducting from the proceeds the necessary expenses of sale, for the benefit of the estate.
History of Section.
C.P.A. 1905, § 808; G.L. 1909, ch. 311, § 13; G.L. 1923, ch. 362, § 13; G.L. 1938, ch. 573, § 13; G.L. 1956, § 33-23-4; P.L. 1996, ch. 110, § 13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-5. - Sale of personalty in general pending appeal.

§ 33-23-5. Sale of personalty in general pending appeal.
In case of an appeal taken from an order or decree of a probate court granting letters testamentary, of administration, of administration with the will annexed, or of guardianship, the executor, administrator, administrator with the will annexed, or guardian, having given bond according to law, the court shall, pending the appeal and until the order or decree is finally affirmed or disaffirmed, have power to authorize the executor, administrator, administrator with the will annexed, or guardian to sell the personal estate of the deceased person or ward, as the case may be, according to such terms and conditions as the court may require or impose, pending the appeal.
History of Section.
G.L. 1923, ch. 362, § 20; P.L. 1931, ch. 1723, § 1; P.L. 1932, ch. 1923, § 1; G.L. 1938, ch. 573, § 20; G.L. 1956, § 33-23-5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-6. - Powers over real estate pending appeal.

§ 33-23-6. Powers over real estate pending appeal.
In case of an appeal taken from an order or decree of a probate court granting letters testamentary, of administration, of administration with the will annexed, or of guardianship, the executor, administrator, or administrator with the will annexed, or guardian, having given bond according to law, shall, pending the appeal and until the order or decree is finally affirmed or disaffirmed, have power to collect, sue for, and hold the income and rents of the real and personal estate of the testator or ward for the benefit of the persons entitled to the real estate, and the executor, administrator, administrator with the will annexed, or guardian, may bring suit in his or her name for the possession of any real or personal estate, pending the appeal, and shall have the power, under the direction of the probate court, to pay any debts of the testator, intestate, or ward, and the probate court may authorize the executor, administrator, administrator with the will annexed, or guardian to sell real estate, or any interest therein, of the deceased person or ward, as the case may be, subject to the conditions, according to the practice, and in the manner provided by chapter 19 of this title.
History of Section.
C.P.A. 1905, § 809; G.L. 1909, ch. 311, § 14; G.L. 1923, ch. 362, § 14; P.L. 1931, ch. 1771, § 1; G.L. 1938, ch. 573, § 14; G.L. 1956, § 33-23-6.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-7. - Transfer of estate pending appeal from decree removing fiduciary.

§ 33-23-7. Transfer of estate pending appeal from decree removing fiduciary.
A decree of a probate court removing an executor, administrator or guardian shall have effect, notwithstanding an appeal, until otherwise finally determined on appeal. The probate court may in this case appoint a successor to the person removed, to whom, when qualified, the person removed shall promptly deliver all the property held by him or her as executor, administrator, or guardian, and the successor shall proceed in the performance of his or her duties in like manner as if no appeal had been taken. But if the decree or removal is reversed by final decree, the powers of the successor shall cease, and he or she shall promptly deliver to his or her predecessor in the trust, or to such person as the court may order, all property of the estate in his or her possession.
History of Section.
C.P.A. 1905, § 810; G.L. 1909, ch. 311, § 15; G.L. 1923, ch. 362, § 15; G.L. 1938, ch. 573, § 15; G.L. 1956, § 33-23-7.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-8. - Notice of appeal.

§ 33-23-8. Notice of appeal.
(a)
When a probate appeal is entered in the superior court, the appellant shall serve a true copy of the reasons of appeal by regular mail, postage prepaid, to all interested persons in the estate of the deceased or ward and to all persons who entered an appearance, pro se or through counsel, in the underlying probate proceedings. The appellant shall further notify such persons that they have the right to enter an appearance or move to intervene in the superior court probate appeal within twenty (20) days after service. The appellant shall file a certificate in the superior court that notice was given in the manner prescribed in this section and shall identify the names and addresses of the persons to whom notice was given. If an interested person fails to enter an appearance or move to intervene within twenty (20) days after notice, the superior court may entertain the appellant’s probate appeal without further notice to such person.
(b)
The superior court may, sua sponte or on the motion of any interested party, order notice of the probate appeal advertised in a newspaper of general circulation in this state upon such terms and conditions as the court may direct.
(c)
The superior court may at any time during the pendency of a probate appeal direct any additional notice or service.
(d)
Any interested person in the estate of a deceased or ward may enter an appearance in the probate court or superior court and, upon doing so, is entitled to copies, at his or her own expense, of any and all filings in the estate by any party.
(e)
The superior court may, upon motion, permit any interested person to intervene in a probate appeal and, upon doing so, is entitled to participate in any and all superior court proceedings concerning the appeal. The executor, administrator, guardian or other fiduciary shall automatically be a party to the superior court proceedings without motion to intervene.
History of Section.
C.P.A. 1905, § 797; G.L. 1909, ch. 311, § 2; P.L. 1909, ch. 427, § 1; G.L. 1923, ch. 362, § 2; G.L. 1938, ch. 573, § 2; G.L. 1956, § 33-23-8; P.L. 1996, ch. 110, § 13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-9. - Assignment day.

§ 33-23-9. Assignment day.
The probate appeal may be assigned to the formal and special cause calendar, the continuous non-jury trial calendar, or the continuous jury trial calendar, as the case may be, which occurs not less than seventy-five (75) days from the date that the probate order or decree appealed was executed by the probate judge.
History of Section.
C.P.A. 1905, § 798; G.L. 1909, ch. 311, § 3; G.L. 1923, ch. 362, § 3; G.L. 1938, ch. 573, § 3; G.L. 1956, § 33-23-9; P.L. 1996, ch. 110, § 13; P.L. 2004, ch. 573, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-10. - Assignment for hearing.

§ 33-23-10. Assignment for hearing.
(a)
The appellant may, in the reasons of appeal, claim a trial by jury of any factual dispute or issue raised in his or her reasons of appeal. Any interested person may, within twenty (20) days after service of notice of the probate appeal, claim a trial by jury of any factual dispute raised in the appeal.
(b)
If the probate appeal raises a genuine issue of material fact, upon motion of the appellant or any party to the proceedings pursuant to § 33-23-8(e), the matter shall be assigned to the continuous non-jury trial calendar or jury trial calendar, as claimed pursuant to § 33-23-10(a).
(c)
If the probate appeal can be decided as a matter of law, upon motion of the appellant or any party to the proceedings pursuant to § 33-23-8(e), the matter shall be assigned to the formal and special cause calendar where a briefing schedule shall be established and the matter further assigned to a justice of the superior court for decision based upon the record and the briefs submitted. The justice assigned may request or permit oral argument.
History of Section.
C.P.A. 1905, § 799; G.L. 1909, ch. 311, § 4; G.L. 1923, ch. 362, § 4; G.L. 1938, ch. 573, § 4; G.L. 1956, § 33-23-10; P.L. 1996, ch. 110, § 13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-11. - Failure to file appeal claimed.

§ 33-23-11. Failure to file appeal claimed.
If the appellant fails to file his or her reasons of appeal in the superior court within the time allowed by § 33-23-1(a)(2), the probate court from which the appeal was taken shall, upon petition of any person interested, and upon such notice to the appellant as the court shall order, affirm the order or decree appealed from and further proceed as if no claim of appeal had been filed; and in that case the probate court may award double costs against the appellant.
History of Section.
C.P.A. 1905, § 800; G.L. 1909, ch. 311, § 5; G.L. 1923, ch. 362, § 5; G.L. 1938, ch. 573, § 5; G.L. 1956, § 33-23-11; P.L. 1996, ch. 110, § 13; P.L. 2007, ch. 158, § 2; P.L. 2007, ch. 257, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-12. - Repealed.

§ 33-23-12. Repealed.
History of Section.
C.P.A. 1905, § 801; G.L. 1909, ch. 311, § 6; G.L. 1923, ch. 362, § 6; G.L. 1938, ch. 573, § 6; G.L. 1956, § 33-23-12; P.L. 1996, ch. 110, § 13; P.L. 2004, ch. 573, § 3; P.L. 2007, ch. 158, § 2; P.L. 2007, ch. 257, § 2; Repealed by P.L. 2014, ch. 314, § 2, effective July 1, 2014; P.L. 2014, ch. 550, § 2, effective July 8, 2014.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-13. - Discontinuance of appeal.

§ 33-23-13. Discontinuance of appeal.
The party taking an appeal from an order or decree of a probate court may, at any time, discontinue the appeal in the manner provided for the discontinuance of proceedings in the superior court; and upon presentation to the probate court of a certificate of the discontinuance from the clerk of the superior court having jurisdiction of the appeal, the appeal shall then be entered on the record of the probate court as discontinued; and the suspension of the operation of the order or decree appealed from, provided in § 33-23-2, shall then cease, and the original order or decree shall then take effect as if an appeal had not been taken.
History of Section.
C.P.A. 1905, § 802; G.L. 1909, ch. 311, § 7; G.L. 1923, ch. 362, § 7; G.L. 1938, ch. 573, § 7; G.L. 1956, § 33-23-13; P.L. 1996, ch. 110, § 13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-14. - Modification of decrees after discontinuance of appeal.

§ 33-23-14. Modification of decrees after discontinuance of appeal.
In case an appeal shall have been taken from a decree granting letters testamentary, or of administration with the will annexed, or of administration, or of guardianship, any order or decree of the probate court made previous to discontinuance of the appeal, prescribing the amount and nature of bonds to be given by the executor, administrator, or guardian, may, after discontinuance, be modified or vacated, and new orders and decrees may be substituted if necessary, and bonds given accordingly; and in case of the modification or vacation of any such former orders or decrees, the bond or bonds given thereunder may be cancelled and discharged by the probate court.
History of Section.
C.P.A. 1905, § 811; G.L. 1909, ch. 311, § 16; G.L. 1923, ch. 362, § 16; G.L. 1938, ch. 573, § 16; G.L. 1956, § 33-23-14; P.L. 1996, ch. 110, § 13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-15. - Want of jurisdiction — Amendments to supply defects.

§ 33-23-15. Want of jurisdiction — Amendments to supply defects.
No order or decree of a probate court which may be appealed from, or in any collateral proceeding when the same shall not have been appealed from, shall be deemed to be invalid, or be quashed, for want of proper form, or for want of jurisdiction appearing upon the record, if the probate court had jurisdiction of the subject matter of the order or decree. The superior court having jurisdiction of the parties to a probate appeal may allow amendments to be made in the papers filed in the case, to supply any deficiency or correct errors therein, upon such terms as it may deem proper.
History of Section.
C.P.A. 1905, § 803; G.L. 1909, ch. 311, § 8; G.L. 1923, ch. 362, § 8; G.L. 1938, ch. 573, § 8; G.L. 1956, § 33-23-15.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-16. - Correction of want of notice.

§ 33-23-16. Correction of want of notice.
Whenever it shall appear in any probate proceeding that any person interested in the probate proceeding has not been duly notified, the jurisdiction of the court where the proceeding is pending shall not be defeated thereby, but the court may order notice to be given to that person. The notice shall be served not less than fourteen (14) days before the return day, and after the service and return thereof all orders and proceedings of the court shall be effective in binding the person named in the notice.
History of Section.
C.P.A. 1905, § 804; G.L. 1909, ch. 311, § 9; G.L. 1923, ch. 362, § 9; G.L. 1938, ch. 573, § 9; G.L. 1956, § 33-23-16.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-17. - Consolidation of appeals — Addition of parties.

§ 33-23-17. Consolidation of appeals — Addition of parties.
Whenever there shall be more than one probate appeal in the superior court, relating to substantially the same matter, the superior court may by special order provide for the consolidation of the appeals, for admitting or summoning in other parties, and for giving notice or further notice to parties in interest.
History of Section.
C.P.A. 1905, § 805; G.L. 1909, ch. 311, § 10; G.L. 1923, ch. 362, § 10; G.L. 1938, ch. 573, § 10; G.L. 1956, § 33-23-17; P.L. 1996, ch. 110, § 13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-18. - Affirmance, reversal, or entry of new decree.

§ 33-23-18. Affirmance, reversal, or entry of new decree.
The superior court may, upon appeal, affirm or reverse, in whole or in part, any order or decree of a probate court, and may enter such decrees as the probate court ought to have entered and may remand the case for further proceedings, with or without instructions, to the probate court.
History of Section.
C.P.A. 1905, § 812; G.L. 1909, ch. 311, § 17; G.L. 1923, ch. 362, § 17; G.L. 1938, ch. 573, § 17; G.L. 1956, § 33-23-18; P.L. 1996, ch. 110, § 13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-19. - Transmission of final decree to probate court.

§ 33-23-19. Transmission of final decree to probate court.
A copy of the final judgment entered by the superior court, in any probate appeal under the provisions of this chapter, shall be certified and transmitted by the clerk of the superior court, without fee therefor, to the probate court appealed from.
History of Section.
C.P.A. 1905, § 813; G.L. 1909, ch. 311, § 18; G.L. 1923, ch. 362, § 18; G.L. 1938, ch. 573, § 18; G.L. 1956, § 33-23-19; P.L. 1996, ch. 110, § 13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-20. - Conclusiveness of advice or direction of probate court.

§ 33-23-20. Conclusiveness of advice or direction of probate court.
In all cases where an executor, administrator, or guardian is directed by law to obtain the advice and direction of the probate court before acting, there shall be no appeal from that advice or direction; and the advice and direction shall be conclusive, and all parties acting on the advice and direction shall be protected thereunder.
History of Section.
C.P.A. 1905, § 814; G.L. 1909, ch. 311, § 19; G.L. 1923, ch. 362, § 19; G.L. 1938, ch. 573, § 19; G.L. 1956, § 33-23-20.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-24 - Small Estates › Section 33-24-3. - Repealed.

§ 33-24-3. Repealed.
History of Section.
P.L. 1966, ch. 178, § 1; Repealed by P.L. 1998, ch. 448, § 2, effective July 23, 1998.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-25 - Dower and Curtesy › Section 33-25-1. - Dower and curtesy abolished.

§ 33-25-1. Dower and curtesy abolished.
The right of a widow to common law and/or statutory dower in the estate of her husband and the right of a husband to common law and/or statutory curtesy in the estate of his wife are hereby abolished.
History of Section.
P.L. 1978, ch. 26, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-25 - Dower and Curtesy › Section 33-25-2. - Life estate to spouse.

§ 33-25-2. Life estate to spouse.
(a)
Whenever any person shall die leaving a husband or wife surviving, the real estate owned by the decedent in fee simple at his or her death shall descend and pass to the husband or wife for his or her natural life subject, however, to any encumbrances existing at death; provided that the liability, if any, of the decedent to discharge the encumbrance or encumbrances shall not be impaired. The provisions of §§ 33-1-1 and 33-1-2 shall be subject to the provisions of this chapter and of § 33-1-6.
(b)
For purposes of this section, any real estate conveyed by the decedent prior to his or her death, with or without monetary consideration, shall not be subject to the life estate granted in subsection (a) if the instrument or instruments evidencing such conveyance were recorded in the records of land evidence in the city or town where the real estate is located prior to the death of the decedent. Nothing in this section shall be construed to require that the instrument or instruments evidencing the conveyance must be recorded prior to the death of the decedent to be valid and thus not subject to the life estate contained herein.
History of Section.
P.L. 1978, ch. 26, § 1; P.L. 1999, ch. 444, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-25 - Dower and Curtesy › Section 33-25-3. - Life estate precedence.

§ 33-25-3. Life estate precedence.
The life estates provided in this chapter shall take effect notwithstanding any provisions of the will of the decedent, except as provided in § 33-25-4, and shall take precedence over any claims of creditors of the decedent or decedent’s estate, except claims secured by lien or any form of encumbrance on the real estate.
History of Section.
P.L. 1978, ch. 26, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-25 - Dower and Curtesy › Section 33-25-4. - Election by surviving spouse — Recording of waiver and claim.

§ 33-25-4. Election by surviving spouse — Recording of waiver and claim.
If any estate, real or personal, be devised or bequeathed to a surviving spouse, the devise or bequest shall bar the life estate unless the surviving spouse shall, within six (6) months after the date of the first publication of the qualifications of the fiduciary of the estate of the deceased spouse, file in the probate court granting probate a written statement waiving and renouncing the devise and bequest and claiming his or her life estate in the real estate of the decedent. If any of this real estate be located in any city or town other than that in which the will of the decedent is probated, the waiver and claim shall also be filed in the records of deeds in each city and town where the real estate is located.
History of Section.
P.L. 1978, ch. 26, § 1; P.L. 1988, ch. 192, § 1; P.L. 1992, ch. 198, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-25 - Dower and Curtesy › Section 33-25-5. - Payment of value of life estate in lieu thereof.

§ 33-25-5. Payment of value of life estate in lieu thereof.
In any case where real estate shall be ordered sold by any court, except where otherwise specifically provided, or real estate is taken under authority of law, and it shall appear that a surviving husband or wife is or may be entitled under this chapter to a life estate in the property, the court having jurisdiction of the proceedings may, in its discretion, upon the petition of the surviving husband or wife as the case may be, and after notice, determine the present value of the life estate and order it to be paid to him or her in lieu of the life estate out of the proceeds of the sale or taking.
History of Section.
P.L. 1978, ch. 26, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-25 - Dower and Curtesy › Section 33-25-6. - Applicability.

§ 33-25-6. Applicability.
This chapter shall apply to rights of common law and/or statutory dower or common law and/or statutory curtesy as they existed prior to April 17, 1978, but, if it should be held that this chapter cannot constitutionally apply thereto, it shall nevertheless be fully effective with regard to the estate of all persons who shall die after April 17, 1978 any other law or statute notwithstanding.
History of Section.
P.L. 1978, ch. 26, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27 - Access to Decedents’ Electronic Mail Accounts Act [Repealed.] › Section 33-27-1. - [Repealed.]

§ 33-27-1. [Repealed.]
History of Section.
P.L. 2007, ch. 172, § 1; P.L. 2007, ch. 256, § 1; Repealed by P.L. 2019, ch. 200, § 1, effective July 15, 2019; P.L. 2019, ch. 262, § 1, effective July 15, 2019.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27 - Access to Decedents’ Electronic Mail Accounts Act [Repealed.] › Section 33-27-2. - [Repealed.]

§ 33-27-2. [Repealed.]
History of Section.
P.L. 2007, ch. 172, § 1; P.L. 2007, ch. 256, § 1; P.L. 2011, ch. 363, § 12; Repealed by P.L. 2019, ch. 200, § 1, effective July 15, 2019; P.L. 2019, ch. 262, § 1, effective July 15, 2019.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27 - Access to Decedents’ Electronic Mail Accounts Act [Repealed.] › Section 33-27-3. - [Repealed.]

§ 33-27-3. [Repealed.]
History of Section.
P.L. 2007, ch. 172, § 1; P.L. 2007, ch. 256, § 1; P.L. 2011, ch. 363, § 12; Repealed by P.L. 2019, ch. 200, § 1, effective July 15, 2019; P.L. 2019, ch. 262, § 1, effective July 15, 2019.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27 - Access to Decedents’ Electronic Mail Accounts Act [Repealed.] › Section 33-27-4. - [Repealed.]

§ 33-27-4. [Repealed.]
History of Section.
P.L. 2007, ch. 172, § 1; P.L. 2007, ch. 256, § 1; Repealed by P.L. 2019, ch. 200, § 1, effective July 15, 2019; P.L. 2019, ch. 262, § 1, effective July 15, 2019.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27 - Access to Decedents’ Electronic Mail Accounts Act [Repealed.] › Section 33-27-5. - [Repealed.]

§ 33-27-5. [Repealed.]
History of Section.
P.L. 2007, ch. 172, § 1; P.L. 2007, ch. 256, § 1; Repealed by P.L. 2019, ch. 200, § 1, effective July 15, 2019; P.L. 2019, ch. 262, § 1, effective July 15, 2019.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-1. - Short title.

§ 33-27.1-1. Short title.
This chapter shall be known and may be cited as “The Revised Uniform Fiduciary Access to Digital Assets Act.”
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-3. - Applicability.

§ 33-27.1-3. Applicability.
(a)
This chapter applies to:
(1)
A fiduciary acting under a will or power of attorney executed before, on, or after July 15, 2019;
(2)
A personal representative acting for a decedent who died before, on, or after July 15, 2019;
(3)
A guardian or conservator appointed before, on, or after July 15, 2019; and
(4)
A trustee acting under a trust created before, on, or after July 15, 2019.
(b)
This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user’s death.
(c)
This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-4. - User direction for disclosure of digital assets.

§ 33-27.1-4. User direction for disclosure of digital assets.
(a)
A user may use an online tool to direct the custodian to disclose to a designated recipient or not disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(b)
If a user has not used an online tool to give direction under subsection (a) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user.
(c)
A user’s direction under subsection (a) or (b) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-5. - Terms-of-service agreement.

§ 33-27.1-5. Terms-of-service agreement.
(a)
This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(b)
This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(c)
A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under § 33-27.1-4.
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-6. - Procedure for disclosing digital assets.

§ 33-27.1-6. Procedure for disclosing digital assets.
(a)
When disclosing digital assets of a user pursuant to one or more of §§ 33-27.1-7 through 33-27.1-15, the custodian may at its sole discretion:
(1)
Grant a fiduciary or designated recipient full access to the user’s account;
(2)
Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(3)
Provide a fiduciary or designated recipient a copy in a record of any digital asset that on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(b)
A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(c)
A custodian need not disclose under this chapter a digital asset deleted by a user.
(d)
If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:
(1)
A subset limited by date of the user’s digital assets;
(2)
All of the user’s digital assets to the fiduciary or designated recipient;
(3)
None of the user’s digital assets; or
(4)
All of the user’s digital assets to the court for review in camera.
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-7. - Disclosure of content of electronic communications of deceased user.

§ 33-27.1-7. Disclosure of content of electronic communications of deceased user.
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
(1)
A written request for disclosure in physical or electronic form;
(2)
A certified copy of the death certificate of the user;
(3)
A certified copy of the letter of appointment of the representative or a small estate affidavit or court order;
(4)
Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications;
(5)
A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(6)
Evidence linking the account to the user;
(7)
A finding by the court that disclosure of the content of electronic communications of the user is reasonably necessary for the administration of the estate; and
(8)
If requested by the custodian, a finding by the court that:
(i)
The user had a specific account with the custodian, identifiable by the information specified in subsection (5) of this section;
(ii)
Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701 et seq., as amended, 47 U.S.C. Section 222 et seq., as amended, or other applicable law; or
(iii)
Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications.
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-8. - Disclosure of other digital assets of deceased user.

§ 33-27.1-8. Disclosure of other digital assets of deceased user.
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications of the user, if the representative gives the custodian:
(1)
A written request for disclosure in physical or electronic form;
(2)
A certified copy of the death certificate of the user;
(3)
A certified copy of the letter of appointment of the representative or a small estate affidavit or court order;
(4)
A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(5)
Evidence linking the account to the user;
(6)
A finding by the court that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; and
(7)
If requested by the custodian, a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subsection (4).
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-9. - Disclosure of content of electronic communications of principal.

§ 33-27.1-9. Disclosure of content of electronic communications of principal.
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:
(1)
A written request for disclosure in physical or electronic form;
(2)
An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3)
A certification by the agent, under penalty of perjury, that the power of attorney is in effect;
(4)
A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; and
(5)
Evidence linking the account to the principal.
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-10. - Disclosure of other digital assets of principal.

§ 33-27.1-10. Disclosure of other digital assets of principal.
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
(1)
A written request for disclosure in physical or electronic form;
(2)
An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
(3)
A certification by the agent, under penalty of perjury, that the power of attorney is in effect;
(4)
A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account; and
(5)
Evidence linking the account to the principal.
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-11. - Disclosure of digital assets held in trust when trustee is original user.

§ 33-27.1-11. Disclosure of digital assets held in trust when trustee is original user.
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee who or that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-12. - Disclosure of content of electronic communications held in trust when trustee is not original user.

§ 33-27.1-12. Disclosure of content of electronic communications held in trust when trustee is not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee who or that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
(1)
A written request for disclosure in physical or electronic form;
(2)
A certified copy of the trust instrument that includes consent to disclosure of the content of electronic communications to the trustee;
(3)
An affidavit or memorandum by the trustee, under penalty of perjury, pursuant to § 34-4-27, that the trust exists and the trustee is a currently acting trustee of the trust;
(4)
A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; and
(5)
Evidence linking the account to the trust.
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2; P.L. 2020, ch. 79, art. 2, § 17.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-13. - Disclosure of other digital assets held in trust when trustee is not original user.

§ 33-27.1-13. Disclosure of other digital assets held in trust when trustee is not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee who or that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
(1)
A written request for disclosure in physical or electronic form;
(2)
A certified copy of the trust instrument;
(3)
An affidavit or memorandum by the trustee, under penalty of perjury, pursuant to § 34-4-27, that the trust exists and the trustee is a currently acting trustee of the trust;
(4)
A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; and
(5)
Evidence linking the account to the trust.
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-14. - Disclosure of digital assets to guardian or conservator of protected person.

§ 33-27.1-14. Disclosure of digital assets to guardian or conservator of protected person.
(a)
After an opportunity for a hearing under chapter 15 of title 33, the court may grant a guardian or conservator access to the digital assets of a protected person.
(b)
Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian or conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the guardian or conservator gives the custodian:
(1)
A written request for disclosure in physical or electronic form;
(2)
A certified copy of the court order that gives the guardian or conservator authority over the digital assets of the protected person;
(3)
A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person;
(4)
Evidence linking the account to the protected person; and
(5)
A finding by the court that disclosure of the digital assets of the user is reasonably necessary for the performance of the duties of the guardian or conservator.
(c)
A guardian or conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the guardian or conservator authority over the protected person’s property.
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-16. - Custodian compliance and immunity.

§ 33-27.1-16. Custodian compliance and immunity.
(a)
Not later than sixty (60) days after receipt of the information required under §§ 33-27.1-7 through 33-27.1-15, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(b)
An order under subsection (a) of this section directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. Section 2702 et seq., as amended.
(c)
Wherever practicable, a custodian shall notify the user or the user’s account that a request for disclosure or to terminate an account was made under this chapter.
(d)
A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request.
(e)
This chapter does not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which:
(1)
Specifies that an account belongs to the protected person or principal;
(2)
Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(3)
Contains a finding required by law other than this chapter.
(f)
A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter, the Electronic Communications Privacy Act, 18 U.S.C. § 2701 et seq., and all applicable state and federal laws.
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-17. - Uniformity of application and construction.

§ 33-27.1-17. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-18. - Relation to Electronic Signatures in Global and National Commerce Act.

§ 33-27.1-18. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act. 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. Section 7003(b).
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-27.1 - Revised Uniform Fiduciary Access to Digital Assets Act › Section 33-27.1-19. - Severability.

§ 33-27.1-19. Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-28 - Elective Share › Section 33-28-1. - Elective share.

§ 33-28-1. Elective share.
(a)
The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this chapter, to take an elective share equal to:
(1)
The life estate and allowance in an intestate’s real estate titled in the name of the decedent individually at the time of the decedent’s death pursuant to §§ 33-1-5 and 33-1-6; and
(2)
The share of the decedent’s personal estate subject to probate pursuant to § 33-1-10.
The elective share may be taken in kind or the value thereof.
(b)
If the right of election is exercised by, or on behalf of, the surviving spouse, the surviving spouse’s allowances pursuant to chapter 10 of this title, if any, are not charged against, but are in addition to, the elective share.
(c)
The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedent’s domicile at death.
History of Section.
P.L. 2014, ch. 260, § 4; P.L. 2014, ch. 312, § 4; P.L. 2018, ch. 149, § 1; P.L. 2018, ch. 235, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-28 - Elective Share › Section 33-28-2. - Right of election personal to surviving spouse — Incapacitated surviving spouse.

§ 33-28-2. Right of election personal to surviving spouse — Incapacitated surviving spouse.
(a)
The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the probate court pursuant to § 33-28-4(a). If the election is not exercised by the surviving spouse personally, it may be exercised on the surviving spouse’s behalf by the surviving spouse’s conservator, guardian, or agent under the authority of a power of attorney.
(b)
If the election is exercised on behalf of a surviving spouse who is an incapacitated person, the probate court may authorize transfer of property in kind, or payment of the value thereof, to the spouse’s personal representative upon such terms and conditions as the court determines to be in the spouse’s best interest.
History of Section.
P.L. 2014, ch. 260, § 4; P.L. 2014, ch. 312, § 4.