reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-9. - Real estate mortgages as personal property.

§ 33-9-9. Real estate mortgages as personal property.
Debts due by mortgage of real estate and the mortgaged premises shall, unless the mortgage be foreclosed and the equity barred in the lifetime of the testator or intestate, be considered personal property for every purpose in settling the estates of deceased persons.
History of Section.
C.P.A. 1905, § 875; G.L. 1909, ch. 313, § 10; G.L. 1923, ch. 364, § 10; G.L. 1938, ch. 577, § 10; G.L. 1956, § 33-9-9.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-10. - Sale of mortgage and debt.

§ 33-9-10. Sale of mortgage and debt.
The executor or administrator may sell the mortgage and the debt secured thereby in his or her discretion for the amount due thereon, and may sell the mortgage and the debt for a less amount upon obtaining the advice and direction therefor of the probate court upon a petition filed for that purpose.
History of Section.
C.P.A. 1905, § 876; G.L. 1909, ch. 313, § 11; G.L. 1923, ch. 364, § 11; G.L. 1938, ch. 577, § 11; G.L. 1956, § 33-9-10.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-11. - Taking possession of property by mortgage.

§ 33-9-11. Taking possession of property by mortgage.
The executor or administrator may take the surrender of, or sue in ejectment for, the seisin and possession of the real estate mortgaged as provided in § 33-9-9; in which action it shall be sufficient for him or her to declare on the seisin and possession of the testator or intestate.
History of Section.
C.P.A. 1905, § 877; G.L. 1909, ch. 313, § 12; G.L. 1923, ch. 364, § 12; G.L. 1938, ch. 577, § 12; G.L. 1956, § 33-9-11.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-12. - Possession and sale of property taken through mortgage.

§ 33-9-12. Possession and sale of property taken through mortgage.
Upon recovery or surrender of possession of real estate mortgaged as provided in § 33-9-11, the executor or administrator shall be seised and possessed of the mortgaged estate, subject to liability to sale if necessary for the payment of debts, legacies or charges, of administration, in the manner provided by law for the sale of real estate by executors and administrators. The surplus proceeds of the sale, after payment of incidental expenses, debts, legacies, and expenses of administration, shall be held and distributed as personal property.
History of Section.
C.P.A. 1905, § 878; G.L. 1909, ch. 313, § 13; G.L. 1923, ch. 364, § 13; G.L. 1938, ch. 577, § 13; G.L. 1956, § 33-9-12.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-13. - Redemption of mortgaged property from executor or administrator.

§ 33-9-13. Redemption of mortgaged property from executor or administrator.
After surrender or recovery of possession of real estate mortgaged as provided in § 33-9-11, and before sale as provided in § 33-9-12, or in case the testator or intestate die possessed of any real estate mortgaged to him or her which may be redeemed, if the mortgagor, his or her heirs, executors, administrators, or assigns shall, within the time limited for redemption, redeem the mortgaged premises, the executor or administrator shall be entitled to receive the redemption money, and shall hold the money as personal property, and shall thereupon release and discharge the mortgaged premises by release, quitclaim, or other legal conveyance.
History of Section.
C.P.A. 1905, § 879; G.L. 1909, ch. 313, § 14; G.L. 1923, ch. 364, § 14; G.L. 1938, ch. 577, § 14; G.L. 1956, § 33-9-13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-14. - Authority of executor or administrator to borrow.

§ 33-9-14. Authority of executor or administrator to borrow.
Whenever it shall for any reason appear to be desirable for an executor or administrator to borrow money, the superior court, upon bill or petition in equity filed by the executor or administrator, may authorize the executor or administrator to borrow, for any one or more of the purposes specified in § 33-9-15, such sum or sums, for such period or periods of time, and upon such terms and conditions as the court shall deem advisable, and the court may authorize the executor or administrator to mortgage, pledge, or otherwise subject to lien, as security for the repayment of the money borrowed, the whole or any part or parts of the personal estate in his hands; provided, however, that property specifically bequeathed shall not be mortgaged, pledged, or otherwise subjected to lien so long as there remains personal property not specifically bequeathed which may be so mortgaged, pledged, or otherwise subjected to lien. For the purpose of exercising any powers so granted, an executor or administrator may execute such promissory notes, bonds, mortgages, deeds of trust or other instruments, containing such powers of sale, conditions, covenants or other provisions, as may be necessary or proper in the circumstances. In granting this authority, the court may impose such conditions or restrictions and give such directions as it may deem advisable; and the court may either direct that particular property may be so mortgaged or pledged, or may authorize the executor or administrator to mortgage or pledge the whole or such part or parts of the personal estate in his or her hands as he or she may in his or her discretion deem advisable, subject, however, to the provisions in regard to property specifically bequeathed.
History of Section.
G.L., ch. 312, § 56, as enacted by P.L. 1921, ch. 2030, § 1; G.L. 1923, ch. 363, § 56; G.L. 1938, ch. 575, § 54; G.L. 1956, § 33-9-14.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-15. - Purposes for which borrowing authorized.

§ 33-9-15. Purposes for which borrowing authorized.
Borrowing may be authorized for any one or more of the following purposes:
(1)
To discharge any existing lien or mortgage on the real or personal estate of the decedent;
(2)
To pay the debts of the decedent;
(3)
To pay the funeral expenses;
(4)
To pay the charges of administration;
(5)
To pay the estate, inheritance, legacy, or succession taxes;
(6)
To pay the expenses of supporting the decedent’s family as prescribed by law;
(7)
To pay the legacies under the will; and
(8)
For any other purpose whatsoever which the court may approve as necessary or desirable for the protection or benefit of the estate.
History of Section.
G.L., ch 312, § 56, as enacted by P.L. 1921, ch. 2030, § 1; G.L. 1923, ch. 363, § 56; G.L. 1938, ch. 575, § 54; G.L. 1956, § 33-9-15.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-16. - Effect of borrowing by executor or administrator.

§ 33-9-16. Effect of borrowing by executor or administrator.
Any borrowing authorized as provided in § 33-9-14 shall create a debt of the estate, and any mortgage, pledge, or lien authorized as provided in § 33-9-14 shall be, to the extent and in the manner authorized, binding upon the property so mortgaged; provided, however that nothing contained in §§ 33-9-14 — 33-9-17 shall be held to affect the right of the executor or administrator subsequently to contest the validity of any claim against the estate for the payment of which the borrowing was authorized. And no transaction, and no note, bond, covenant, or other obligation executed or entered into as a part of or as an incident to the transaction shall bind the executor or administrator personally, insofar as the transaction, note, bond, covenant, or other obligation is made or entered into by the executor or administrator in his or her representative capacity.
History of Section.
G.L., ch. 312, § 56, as enacted by P.L. 1921, ch. 2030, § 1; G.L. 1923, ch. 363, § 56; G.L. 1938, ch. 575, § 54; G.L. 1956, § 33-9-16.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-17. - Lender not liable for loss or misapplication.

§ 33-9-17. Lender not liable for loss or misapplication.
No person lending money to an executor or administrator who has been authorized to borrow by the court in accordance with the provisions of §§ 33-9-14 — 33-9-16 shall be required to see to the application or be answerable for any loss or misapplication thereof.
History of Section.
G.L., ch. 312, § 56, as enacted by P.L. 1921, ch. 2030, § 1; G.L. 1923, ch. 363, § 56; G.L. 1938, ch. 575, § 54; G.L. 1956, § 33-9-17.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-18. - Authority to lend, invest, vote, and protect investments.

§ 33-9-18. Authority to lend, invest, vote, and protect investments.
(a)
The superior court may, upon complaint filed by an executor or administrator, authorize the executor or administrator to invest money belonging to the estate in such safe investments as it may approve, and may likewise authorize or direct the executor or administrator to vote the stock or shares belonging to the estate in any corporation, association, or joint stock company in such manner and for such purposes as the court may deem advisable; and if it shall in the court’s opinion be in the interest of the estate so to do, the court may authorize the executor or administrator:
(1)
To lend money belonging to the estate to any corporation, association, or joint stock company, in the stock, shares, or obligations of which any portion of the estate may be invested, or in which the estate may be otherwise interested;
(2)
To invest money belonging to the estate in the stock, shares, or other obligations of any such corporation, association, or joint stock company;
(3)
To endorse or guarantee the obligations of the corporation, association, or joint stock company.
(b)
In granting the authority, the court may impose such conditions or restrictions and give such directions as it may deem advisable.
(c)
The superior court may, upon any complaint, approve any investment, loan, endorsement, guaranty, or vote previously made or given by an executor or administrator which the court might have authorized, and the approval shall have the same effect as a prior order or decree authorizing the investment, loan, endorsement, guaranty, or vote. Any endorsement or guaranty shall be binding upon the estate, and shall not be binding upon the executor or administrator personally.
(d)
The powers herein conferred upon the superior court may be exercised in cases where the court deems it necessary for the protection or preservation of the estate or to prevent irreparable damage or loss to the estate, notwithstanding any provisions or directions contained in a will authorizing or restricting the powers of an executor or administrator with the will annexed to invest or lend money of the estate, to endorse or guarantee obligations, or to vote the stock or shares belonging to the estate in any corporation, association, or joint stock company; provided, however, that the court shall exercise these powers with extreme caution and shall not exercise these powers in cases where the testator has in the will expressly declared or requested that the powers shall not be exercised by the court.
History of Section.
G.L., ch. 312, § 57, as enacted by P.L. 1921, ch. 2030, § 1; G.L. 1923, ch. 363, § 57; G.L. 1938, ch. 575, § 55; G.L. 1956, § 33-9-18.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-19. - General powers of executor or administrator unaffected.

§ 33-9-19. General powers of executor or administrator unaffected.
Nothing contained in §§ 33-9-14 — 33-9-18 shall be held to limit or restrict any powers which an executor or administrator may have apart from the provisions of those sections.
History of Section.
G.L., ch. 312, § 58, as enacted by P.L. 1921, ch. 2030, § 1; G.L. 1923, ch. 363, § 58; G.L. 1938, ch. 575, § 56; G.L. 1956, § 33-9-19.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-20. - Representation of contingent interests and persons non sui juris.

§ 33-9-20. Representation of contingent interests and persons non sui juris.
Whenever in any proceeding under §§ 33-9-14 — 33-9-18 there are contingent interests of persons not in being or not ascertainable or interests of persons non sui juris, the court may appoint a person to represent the contingent interests or a guardian ad litem to represent the interests of persons non sui juris, and in case of that representation the decree entered in the proceeding shall bind all interests.
History of Section.
G.L., ch. 312, § 59, as enacted by P.L. 1921, ch. 2030, § 1; G.L. 1923, ch. 363, § 59; G.L. 1938, ch. 575, § 57; G.L. 1956, § 33-9-20.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-21. - Appeals to supreme court.

§ 33-9-21. Appeals to supreme court.
An appeal may be taken to the supreme court from any final order or decree of the superior court entered in any proceeding brought under the provisions of §§ 33-9-14 — 33-9-18 at any time within ten (10) days from the entry of the order or decree.
History of Section.
G.L., ch. 312, § 60, as enacted by P.L. 1921, ch. 2030, § 1; G.L. 1923, ch. 363, § 60; G.L. 1938, ch. 575, § 58; G.L. 1956, § 33-9-21.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-22. - Validity of acts by executor or administrator subsequently removed — Validity of purchases from devisees, legatees, or heirs.

§ 33-9-22. Validity of acts by executor or administrator subsequently removed — Validity of purchases from devisees, legatees, or heirs.
When an executor or administrator is removed, or when letters of administration or decrees are revoked, all previous sales whether of real or personal estate, lawfully made by an executor or administrator and with good faith on the part of the purchaser, and all other lawful acts done by the executor or administrator, shall remain valid and effectual. A decree allowing a will or compromise of a will or adjudicating the intestacy of the estate of a deceased person in any court in the state having jurisdiction thereof shall, after one year from the rendition thereof or, if proceedings for its reversal are had, after one year from its establishment, or in the event that administration of the estate has been fully completed within one year after the rendition or establishment, as the case may be, then after completion of administration of the estate, be final and conclusive in favor of purchasers for value in good faith without notice of any adverse claims of any property, real or personal, from devisees, legatees, or heirs claiming under the will or estate, or from their executors, administrators, guardians, or conservators. This section shall not make an adjudication of the fact of death conclusive.
History of Section.
C.P.A. 1905, § 851; G.L. 1909, ch. 312, § 37; G.L. 1923, ch. 363, § 37; G.L. 1938, ch. 575, § 35; G.L. 1956, § 33-9-22; P.L. 1959, ch. 107, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-23. - Master’s deed to convey decedent’s property to party entitled to specific performance.

§ 33-9-23. Master’s deed to convey decedent’s property to party entitled to specific performance.
When a person dies holding the legal title to property, real or personal, and an action for specific performance of contract for sale thereof would have existed as against the deceased had he or she lived, a complaint against the executor or administrator alone of the deceased may be brought by the person with whom the deceased has made the contract, setting out the facts, the pendency of which bill shall be advertised at least twice each week for three (3) successive weeks in some newspaper published in the city of Providence, which notice shall be in addition to legal notice to the executor or administrator. And on hearing the cause, if it appear that a proper case has been made out, the superior court shall decree that a conveyance shall be made by a master to be appointed for that purpose whose deed shall vest the title of the deceased in the party entitled to specific performance on payment of the purchase price, which, less the costs of the suit, including costs as between solicitor and client, shall be personal assets in the hands of the executor or administrator.
History of Section.
G.L. 1896, ch. 208, § 21; C.P.A. 1905, § 1220; G.L. 1909, ch. 259, § 21; G.L. 1923, ch. 303, § 21; G.L. 1938, ch. 583, § 1; G.L. 1956, § 33-9-23.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-24. - Continuation of actions by or against decedent.

§ 33-9-24. Continuation of actions by or against decedent.
In case any action, suit, or proceeding is commenced or shall be pending in any court, and either party shall die before final judgment, the executor or administrator of the deceased person, or his or her successor in case the deceased was acting in a representative capacity, may, if the cause of action survives, prosecute or defend the action, suit, or proceeding to final judgment.
History of Section.
C.P.A. 1905, § 970; G.L. 1909, ch. 318, § 5; G.L. 1923, ch. 369, § 5; G.L. 1938, ch. 579, § 5; G.L. 1956, § 33-9-24.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-25. - Substitution and execution by successor administrator.

§ 33-9-25. Substitution and execution by successor administrator.
Whenever any judgment shall have been recovered by or in the name of any executor or administrator, a succeeding administrator of the estate not administered may on motion be substituted as plaintiff and may take out execution upon the judgment.
History of Section.
C.P.A. 1905, § 993; G.L. 1909, ch. 318, § 28; G.L. 1923, ch. 369, § 28; G.L. 1938, ch. 579, § 28; G.L. 1956, § 33-9-25; P.L. 1965, ch. 55, § 60.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-26. - Liability of executor in own wrong.

§ 33-9-26. Liability of executor in own wrong.
Any person who shall embezzle or shall, without being thereto authorized by law, injuriously intermeddle with any personal property of a deceased person shall be liable as an executor in his or her own wrong to the creditors and other persons aggrieved.
History of Section.
C.P.A. 1905, § 844; G.L. 1909, ch. 312, § 30; G.L. 1923, ch. 363, § 30; G.L. 1938, ch. 575, § 28; G.L. 1956, § 33-9-26.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-27. - Personal liability of executor or administrator for debts of estate.

§ 33-9-27. Personal liability of executor or administrator for debts of estate.
No executor or administrator, except an executor in his or her own wrong, shall be holden to bail upon mesne process, nor shall his or her property be attached, nor his or her person arrested, nor his or her person or property taken on execution, for the debts or legacies of the testator or intestate, except upon suggestion of waste as provided in § 33-9-28; but in such suits the writs of attachment and execution shall run against the goods, chattels, rights, and credits of the deceased only in the hands of the executor or administrator.
History of Section.
C.P.A. 1905, § 991; G.L. 1909, ch. 318, § 26; G.L. 1923, ch. 369, § 26; G.L. 1938, ch. 579, § 26; G.L. 1956, § 33-9-27.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-28. - Civil action with suggestion of waste.

§ 33-9-28. Civil action with suggestion of waste.
If execution shall issue against the estate of the testator or intestate in the hands of the executor or administrator, and the officer charged with the service thereof shall return thereon that he or she cannot find any estate whereon to levy the execution, and that the execution has not been satisfied by the executor or administrator, a civil action may be brought in the same court within two (2) years after the date of the first publication of the notice of the qualification of the first executor or administrator against the executor or administrator, alleging a suggestion or waste; and after process has been duly served by the officer to whom it shall be directed and by him or her returned, if the executor or administrator makes default of appearance, or, coming in, shall not show sufficient cause to the contrary, judgment and execution shall be awarded against him or her and his or her own proper estate for the sum recovered, with interest due thereon, with costs, and, for want of estate, against the body of the executor or administrator.
History of Section.
C.P.A. 1905, § 992; G.L. 1909, ch. 318, § 27; G.L. 1923, ch. 369, § 27; G.L. 1938, ch. 579, § 27; G.L. 1956, § 33-9-28; P.L. 1965, ch. 55, § 60.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-29. - Descent or distribution of real estate to be recorded.

§ 33-9-29. Descent or distribution of real estate to be recorded.
When the real property of any deceased person, or any part thereof or interest therein, is devised or distributed or set out to the devisee or devisees, heir or heirs, or spouse of the decedent, or is legally divided by all the persons interested, or descends to the heir or heirs or spouse of the decedent, the executor or administrator of the decedent, shall cause a certificate of descent to be recorded in the land evidence records of every city or town in which real property of the decedent is situated, and it shall constitute prima facie evidence of the facts stated in it, so far as those facts affect real estate of the decedent.
History of Section.
P.L. 2001, ch. 296, § 2; P.L. 2006, ch. 589, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-30. - Donation of conservation easement.

§ 33-9-30. Donation of conservation easement.
An executor or administrator may donate a conservation easement on any real property in order to obtain the benefit of the estate tax exclusion allowed under sections 170 and 2031(c), respectively, of the United States Internal Revenue Code of 1986, as amended, if:
(1)
The will authorizes or directs the executor to donate a conservation easement on the real property; or
(2)
Each interested party who has an interest in the real property that would be affected by the conservation easement consents in writing to the donation.
History of Section.
P.L. 2009, ch. 98, § 1; P.L. 2009, ch. 99, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-10 - Allowances to Families of Decedents › Section 33-10-1. - Wearing apparel and exempt personal property allowed to widow or widower and children.

§ 33-10-1. Wearing apparel and exempt personal property allowed to widow or widower and children.
The wearing apparel of the surviving spouse and minor children of a decedent shall belong to them, respectively. The surviving spouse shall be entitled, individually and for the family under her or his care, to such furniture, furnishings, household effects, supplies, and, in addition thereto, such other personal property of the decedent exempt from attachment by law, as the probate court shall deem necessary, having regard to all the circumstances of the case; or, if there is no surviving spouse, the minor children shall be entitled to the furniture, furnishings, household effects, or the use thereof, in such manner as the court shall direct.
History of Section.
C.P.A. 1905, § 871; G.L. 1909, ch. 313, § 6; G.L. 1923, ch. 364, § 6; G.L. 1938, ch. 577, § 6; G.L. 1956, § 33-10-1; P.L. 1980, ch. 317, § 1; P.L. 2014, ch. 260, § 2; P.L. 2014, ch. 312, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-10 - Allowances to Families of Decedents › Section 33-10-2. - Property allowed not assets in hands of executor or administrator.

§ 33-10-2. Property allowed not assets in hands of executor or administrator.
Such part of the decedent’s personal property as the court shall allow to the decedent’s surviving spouse or family, although inventoried, shall not be assets in the hands of the decedent’s personal representative.
History of Section.
C.P.A. 1905, § 873; G.L. 1909, ch. 313, § 8; G.L. 1923, ch. 364, § 8; G.L. 1938, ch. 577, § 8; G.L. 1956, § 33-10-2; P.L. 1980, ch. 317, § 1; P.L. 2014, ch. 260, § 2; P.L. 2014, ch. 312, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-10 - Allowances to Families of Decedents › Section 33-10-3. - Allowances for temporary support of family.

§ 33-10-3. Allowances for temporary support of family.
The probate court shall make reasonable allowance out of the decedent’s probate estate for the support of his or her family, until the support can otherwise be provided for, for a period not exceeding six (6) months from the date of the death, having regard to the situation of the family and the value and circumstances of the estate. The allowance may be fixed at any time upon application of the personal representative, or of any party in interest, filed within six (6) months after the first publication of notice of the qualification of the personal representative. The court may, in its discretion, provided a final account has not been allowed, make an additional allowance under like conditions for the support of the family for a second period not exceeding six (6) months, the allowance to be fixed at any time after the first six-month (6) period has passed and within one year after the first publication of notice of the qualification of the personal representative upon application, of the personal representative or of any party in interest. After exhausting the personal property, real estate may be sold to provide the amount of allowance decreed in the same manner as for the payment of debts. An appeal from a decree granting letters testamentary or of administration shall not prevent the allowance being made by the probate court or the payment thereof. An appeal from a decree making any allowance shall not prevent the payment of the allowance if a bond in such amount as may be fixed by the court, but no less than the amount of the allowance be given to the court by a surviving spouse, if any, or by a guardian of the minor children in case there be no surviving spouse, with surety or sureties approved by the court, and conditioned to repay all in excess of what is finally determined to be a reasonable allowance or to return all of the allowance in case the decree granting the allowance is finally reversed in the full amount. The bond required by the provisions of this section and the remedies thereon shall be governed by the provisions of chapter 17 of this title as far as the context thereof permits.
History of Section.
C.P.A. 1905, § 872; G.L. 1909, ch. 313, § 7; G.L. 1923, ch. 364, § 7; P.L. 1926, ch. 827, § 1; G.L. 1938, ch. 577, § 7; P.L. 1941, ch. 1004, § 1; G.L. 1956, § 33-10-3; P.L. 1962, ch. 39, § 1; P.L. 1980, ch. 317, § 1; P.L. 2014, ch. 260, § 2; P.L. 2014, ch. 312, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-10 - Allowances to Families of Decedents › Section 33-10-4. - Real estate set aside for support of widow or widower in addition to statutory life estate.

§ 33-10-4. Real estate set aside for support of widow or widower in addition to statutory life estate.
If there be no issue of a deceased person living at the time of his or her death, the probate court shall also allow and set off to the widow or widower such portion of the real estate of her or his deceased spouse not required for the payment of his or her debts as may be suitable for her or his situation and support and in accordance with the circumstances of the estate, and the widow or widower shall hold the real estate in addition to those rights afforded by chapter 25 of this title subject to the same conditions and for the same time as she or he holds her or his statutory estate pursuant to the provisions of chapter 25 of this title.
History of Section.
C.P.A. 1905, § 874; G.L. 1909, ch. 313, § 9; G.L. 1923, ch. 364, § 9; G.L. 1938, ch. 577, § 9; G.L. 1956, § 33-10-4; P.L. 1980, ch. 317, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-1. - Computation of time.

§ 33-11-1. Computation of time.
Periods of time in this chapter, where no other provision is made, shall be reckoned from the date of the first publication by the probate clerk of the notice of the qualification of the original personal representative of the decedent’s estate.
History of Section.
C.P.A. 1905, § 881; G.L. 1909, ch. 314, § 1; P.L. 1922, ch. 2196, § 3; G.L. 1923, ch. 365, § 1; G.L. 1938, ch. 578, § 1; G.L. 1956, § 33-11-1; 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 33-11-2. - Effect of administration de bonis non.

§ 33-11-2. Effect of administration de bonis non.
When after qualification the original personal representative dies, resigns or is removed, without having fully administered the estate, and a successor personal representative is appointed, the succeeding administration shall be deemed to be a continuation of the preceding administration, and all limitations which could be claimed for or against the predecessor may be claimed for or against the successor; provided, however, that the time when there is no personal representative of the estate shall not be reckoned as part of the periods for the filing, or proof of claims, or limitations for bringing suits; and these periods, and generally the periods referred to where no provision to the contrary is made, shall be reckoned exclusive of this time.
History of Section.
C.P.A. 1905, § 974; G.L. 1909, ch. 318, § 9; G.L. 1923, ch. 369, § 9; G.L. 1938, ch. 579, § 9; G.L. 1956, § 33-11-2; 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 33-11-3. - Claims payable at future day.

§ 33-11-3. Claims payable at future day.
Claims against the estate of a deceased person, which by their terms are payable at a future day, shall, as against the estate, be deemed to be due at the time of the person’s death, and may be filed, and shall be entitled to payment with other claims, deducting interest for the anticipated payment.
History of Section.
C.P.A. 1905, § 882; G.L. 1909, ch. 314, § 2; G.L. 1923, ch. 365, § 2; G.L. 1938, ch. 578, § 2; G.L. 1956, § 33-11-3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-4. - Manner of presentation of claims.

§ 33-11-4. Manner of presentation of claims.
Claims against a decedent’s estate may be presented as follows:
(1)
The claimant shall present a written statement of the claim with the clerk of the probate court indicating its basis, the amount claimed (if known), the name and address of the claimant, and the name and address of the claimant’s attorney (if any) and deliver or mail a copy thereof to the personal representative. The claim is deemed presented when filed with the probate court. The claimant has the burden of establishing proper and timely presentation of the claim. If the claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the condition or uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to accurately describe the due date of claim not yet due, the nature of any condition or uncertainty, or the security, does not invalidate the presentation made.
(2)
No presentation of claim is required for matters already claimed in proceedings which were pending against the decedent at the time of his or her death. No personal representative shall be held to defend and no decedent’s estate shall be held liable for any claim pending against the decedent until the estate shall be joined as a party with notice to the probate court and the personal representative served.
History of Section.
C.P.A. 1905, § 883; G.L. 1909, ch. 314, § 3; P.L. 1915, ch. 1260, § 3; P.L. 1920, ch. 1937, § 1; G.L. 1923, ch. 365, § 3; G.L. 1938, ch. 578, § 3; P.L. 1941, ch. 1003, § 2; P.L. 1951, ch. 2743, § 1; P.L. 1952, ch. 3023, § 1; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 33-11-4; P.L. 1996, ch. 110, § 5; P.L. 2008, ch. 307, § 2; P.L. 2011, ch. 363, § 6.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-5. - Time allowed for presenting claims — Late claims — Appeal.

§ 33-11-5. Time allowed for presenting claims — Late claims — Appeal.
(a)
Claims shall be presented within six (6) months from the first publication or be forever barred, subject to extensions granted pursuant to subsection 33-11-5(b).
(b)
A creditor who, by reason of accident, mistake, excusable neglect or lack of adequate notice of decedent’s estate, failed to present a claim within six (6) months from the first publication, may before distribution of the estate, petition the probate court for leave to present a claim out of time. For purposes of this section, notice of commencement of probate pursuant to § 33-11-5.1 at least sixty (60) days before the expiration of the six (6) months claim period shall be deemed adequate. Upon hearing after notice to the decedent’s personal representative, heirs and beneficiaries (if any), the probate court may in its discretion, grant leave to present the claim out of time upon such terms as the court prescribes. Any claim presented out of time, if allowed, shall be paid out of the assets remaining in the personal representative’s hands when notice of the petition was received.
(c)
There shall be no de novo appeal to the superior court from an order or decree of the probate court granting leave to present a claim out of time.
History of Section.
C.P.A. 1905, § 883; G.L. 1909, ch. 314, § 3; P.L. 1915, ch. 1260, § 3; P.L. 1920, ch. 1937, § 1; G.L. 1923, ch. 365, § 3; G.L. 1938, ch. 578, § 3; P.L. 1941, ch. 1003, § 2; P.L. 1951, ch. 2743, § 1; P.L. 1952, ch. 3023, § 1; G.L. 1956, § 33-11-5; 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 33-11-5.1. - Duty to notify known or reasonably ascertainable creditors.

§ 33-11-5.1. Duty to notify known or reasonably ascertainable creditors.
(a)
If the identity of a creditor of the decedent’s is known to or reasonably ascertainable by the personal representative, the personal representative shall, within a reasonable period of time after qualification, take such steps as are reasonably necessary to ensure that such creditor receives or has received notice of the commencement of the decedent’s estate. The sending of a notice in the form contained in subsection (b) by the personal representative to the creditor at his/her or its last known address, by first class mail, postage prepaid, shall be deemed a means, but not the exclusive means, of satisfying the requirements of this section. The personal representative is not liable to a creditor or to a successor personal representative of the decedent for giving or failing to give notice under this section.
(b)
A personal representative shall be conclusively presumed to have complied with this section by sending a written notice in substantially the following form:
STATE OF RHODE ISLAND
PROBATE COURT OF
COUNTY OF _______________________________________
THE _________________________________________
ESTATE OF (NAME OR ESTATE)
(NO.) _________________________________________
NOTICE OF COMMENCEMENT OF PROBATE
To: (Name of Creditor)
(last known address of creditor)
Notice is hereby given by (name of personal representative) that a probate estate has been commenced for (name of decedent) in the Probate Court of the (name of municipality, address of court) docket no. ___________ , said (name of fiduciary) having been qualified on (date of qualification).
A creditor must present a written statement of the claim indicating its basis, the amount claimed, the name and address of the claimant, and the name and address of the claimant’s attorney (if any) within six (6) months after qualification. Claims should be mailed to the personal representative or attorney named below and filed with the clerk of the probate court.
_________________________________________
Name and address of
Estate Personal Representative or Attorney
_________________________________________
Date
(c)
In all cases where the decedent was fifty-five (55) years or older at the time of death, the personal representatives shall give notice as required by this section to the executive office of health and human services in accordance with § 40-8-15.
History of Section.
P.L. 1996, ch. 110, § 6; P.L. 2008, ch. 307, § 2; P.L. 2009, ch. 310, § 12; P.L. 2013, ch. 186, § 1; P.L. 2013, ch. 236, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-5.2. - Fiduciary’s affidavit regarding notice to creditors and OHHS.

§ 33-11-5.2. Fiduciary’s affidavit regarding notice to creditors and OHHS.
In order to close an estate, whether by accounting or affidavit of completed administration, the fiduciary shall submit to the probate court an affidavit in substantially the following form:
STATE OF RHODE ISLAND PROBATE COURT OF THE
COUNTY __________ TOWN OF ________
ESTATE OF __________ NO. ________
FIDUCIARY’S AFFIDAVIT REGARDING NOTICE TO CREDITORS AND TO THE EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
The undersigned fiduciary of the above-captioned estate upon oath deposes and says that (a) notice of the commencement of the estate was mailed to all known or reasonably ascertainable creditors of the estate, as well as to the executive office of health and human services when the decedent was fifty-five (55) years or older, or that (b) no such notice was required to be mailed because the estate had no known or reasonably ascertainable creditors and the decedent was under the age of fifty-five (55).
Name __________ Date_______
Subscribed and sworn before me this _____ day of ______ , 20____ .
__________
Notary public
History of Section.
P.L. 2012, ch. 241, art. 11, § 7.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-6. - Address of creditor filed — Notices.

§ 33-11-6. Address of creditor filed — Notices.
Every creditor shall file with his or her claim, in the office of the probate clerk, his or her post office address, and shall thereafter give notice to the clerk of any change of his or her address during the administration of the estate. All notices to which the creditor is entitled may be sent to his or her address so filed.
History of Section.
C.P.A. 1905, § 884; G.L. 1909, ch. 314, § 4; G.L. 1923, ch. 365, § 4; G.L. 1938, ch. 578, § 4; G.L. 1956, § 33-11-6.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-11 - Claims Against Decedents’ Estates › Section 33-11-7. - Affidavit to support claim.

§ 33-11-7. Affidavit to support claim.
If requested by the personal representative or any party interested in decedent’s estate, a claimant shall file in the office of the clerk of the probate court a sworn affidavit stating to the best of the claimant’s knowledge and belief: (a) the legal basis or theory of the claim; (b) the facts and documentation supporting the claim; (c) the calculation of the amount claimed as justly due; (d) whether the estate was credited for all payments and offsets to which it is entitled; (e) whether and how the claim is secured; and (f) whether the claim is upon a negotiable instrument.
History of Section.
C.P.A. 1905, § 885; G.L. 1909, ch. 314, § 5; G.L. 1923, ch. 365, § 5; G.L. 1938, ch. 578, § 5; G.L. 1956, § 33-11-7; 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 33-11-8. - Determination of personal representative’s claim.

§ 33-11-8. Determination of personal representative’s claim.
If a personal representative shall present a claim which he or she had against the decedent in his or her lifetime, the probate court shall examine and determine the claim. If there is a co-executor or co-administrator, he or she may be permitted to represent the estate at the hearing in the discretion of the probate court; otherwise, the probate court may appoint some disinterested person to represent the estate.
History of Section.
C.P.A. 1905, § 890; G.L. 1909, ch. 314, § 10; G.L. 1923, ch. 365, § 10; G.L. 1938, ch. 578, § 10; G.L. 1956, § 33-11-8; 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 33-11-9. - Presentation of contingent claim — Deposit by personal representative to assure payment.

§ 33-11-9. Presentation of contingent claim — Deposit by personal representative to assure payment.
A creditor who has a contingent claim against a decedent, which cannot be proved as a debt within the time allowed for presenting claims, may present its contingent claim within the time allowed for filing claims. If it is determined by the probate court, upon hearing after notice to all interested parties, that the contingent claim may become due from the estate, the personal representative shall be ordered to deposit in the registry of the court assets sufficient to satisfy the claim, or its proportionate share in case of insolvency of the estate.
History of Section.
C.P.A. 1905, § 922; G.L. 1909, ch. 314, § 42; G.L. 1923, ch. 365, § 42; G.L. 1938, ch. 578, § 42; G.L. 1956, § 33-11-9; 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 33-11-10. - Bond to cover contingent claim.

§ 33-11-10. Bond to cover contingent claim.
If a party interested in the estate offers to give bond to the contingent creditor, with sufficient surety or sureties for the payment of the claim in case it shall be proved to be due, the probate court may accept a bond instead of requiring assets to be deposited as provided in § 33-11-9. But nothing contained in this section shall be construed to prevent any party holding the contingent claim from waiting until its right of action accrues, and then bringing suit against the heirs, devisees, legatees or next of kin, as provided in this chapter.
History of Section.
C.P.A. 1905, § 923; G.L. 1909, ch. 314, § 43; G.L. 1923, ch. 365, § 43; G.L. 1938, ch. 578, § 43; G.L. 1956, § 33-11-10; 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 33-11-11. - Provision for payment of contingent claim not conclusive as to validity — Restrictions on action to enforce claim.

§ 33-11-11. Provision for payment of contingent claim not conclusive as to validity — Restrictions on action to enforce claim.
The decision of the probate court as to depositing assets or giving bond upon the contingent claim of a creditor shall not be conclusive as to the validity of the claim against the personal representative or other party interested to oppose the allowance thereof; and the personal representative shall not be compelled to pay the claim, unless it is proved to be due in an action commenced by the claimant within one year after its claim becomes payable. In case of suit against the personal representative, recovery shall be limited to the assets in the registry of the court deposited as provided in § 33-11-9.
History of Section.
C.P.A. 1905, § 924; G.L. 1909, ch. 314, § 44; G.L. 1923, ch. 365, § 44; G.L. 1938, ch. 578, § 44; P.L. 1939, ch. 659, § 2; G.L. 1956, § 33-11-11; 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 33-11-12. - Party against whom contingent claim enforced — Time of bringing action.

§ 33-11-12. Party against whom contingent claim enforced — Time of bringing action.
The action referred to in § 33-11-11 shall be brought against the personal representative, if depositing assets therefor in the registry of the court was required, and an action against the personal representative may be brought although the period of two (2) years, referred to in § 33-11-50, has elapsed; otherwise, the action shall be brought upon the bond given under § 33-11-10.
History of Section.
C.P.A. 1905, § 925; G.L. 1909, ch. 314, § 45; G.L. 1923, ch. 365, § 45; P.L. 1926, ch. 839, § 3; G.L. 1938, ch. 578, § 45; G.L. 1956, § 33-11-12; 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 33-11-13. - Pleadings in action on bond for contingent claim.

§ 33-11-13. Pleadings in action on bond for contingent claim.
If the action is brought on a bond, the plaintiff shall set forth his or her original cause of action against the decedent in like manner as would be required upon the same demand against the personal representative, and may allege the nonpayment of the demand as a breach of the condition of the bond; and the defendant may answer any matter of defense that would be available in law against the demand if prosecuted in the usual manner against the personal representative.
History of Section.
C.P.A. 1905, § 926; G.L. 1909, ch. 314, § 46; G.L. 1923, ch. 365, § 46; G.L. 1938, ch. 578, § 46; G.L. 1956, § 33-11-13; 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 33-11-14. - Disallowance of claim.

§ 33-11-14. Disallowance of claim.
Any claim presented within six (6) months from the first publication may be disallowed in full or in part, within six (6) months and thirty (30) days from the first publication by the personal representative, or by any interested party, by filing in the office of the clerk of the probate court a statement disallowing the claim, and giving notice in writing, either personally or by registered or certified mail, to the claimant, whose claim is disallowed; and any claim presented after six (6) months from the first publication may be disallowed in full or in part, within thirty (30) days after presentation.
History of Section.
C.P.A. 1905, § 886; G.L. 1909, ch. 314, § 6; 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; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 33-11-14; P.L. 2005, ch. 389, § 1; P.L. 2008, ch. 307, § 2.