reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-4. - Rights of creditors and heirs where no administration granted.

§ 33-13-4. Rights of creditors and heirs where no administration granted.
Any creditor or creditors of any deceased person who shall have died intestate, being seised at the time of his or her death of real estate within the state, and upon whose estate no letters of administration shall have been taken, shall be forever barred from collecting their claim or claims against the estate of such deceased person, unless they shall, within the period of six (6) years of the death of the person, petition the probate court having jurisdiction for letters of administration upon the estate; and the heirs of the deceased person may alien or incumber the real estate freed from the claim of all creditors after the period of six (6) years shall have elapsed without a petition having been filed as provided in this section; provided, that nothing in this section shall be construed to affect the right of any creditor to satisfy his or her claim from any security held by him or her.
History of Section.
G.L., ch. 318, § 30, as enacted by P.L. 1914, ch. 1099, § 1; G.L. 1923, ch. 369, § 30; G.L. 1938, ch. 579, § 30; G.L. 1956, § 33-13-4.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-5. - Payment of legacy on giving of indemnity bond.

§ 33-13-5. Payment of legacy on giving of indemnity bond.
When an executor or administrator, after having given bond for the discharge of his or her trust, is requested by a legatee to make payment in whole or in part of a legacy, the probate court, if the executor or administrator consents, may require that the legatee shall first give bond to the executor or administrator, with surety or sureties to be approved by the court, and conditioned to refund the amount to be paid, or so much thereof as may be necessary to satisfy any demands that may be afterwards recovered against the estate of the deceased, and so indemnify the executor or administrator against all other loss and damage on account of the payment.
History of Section.
C.P.A. 1905, § 976; G.L. 1909, ch. 318, § 11; G.L. 1923, ch. 369, § 11; G.L. 1938, ch. 579, § 11; P.L. 1951, ch. 2744, § 1; G.L. 1956, § 33-13-5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-6. - Filing of statement listing legatees — Notice.

§ 33-13-6. Filing of statement listing legatees — Notice.
An executor may, and for cause shown shall, file within two (2) years after the date of the first publication, or any further time as the probate court may allow, and at the time during the periods as the court may direct, a statement in the office of the clerk of the probate court setting out the names of the legatees, the amounts to be paid, and the property to be turned over to them respectively, or to be held by himself or herself as trustee. Notice of the filing of the statement and of the time and place fixed by the court for hearing on the statement shall be given by advertisement at least twice each week for two (2) successive weeks in some newspaper, as ordered by the court. The probate clerk shall also give notice by registered or certified mail to all persons interested whose post office addresses are known.
History of Section.
C.P.A. 1905, § 978; G.L. 1909, ch. 318, § 13; P.L. 1910, ch. 584, § 1; G.L. 1923, ch. 369, § 13; G.L. 1938, ch. 579, § 13; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 33-13-6.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-7. - Approval of statement listing legatees — Order to pay legacies.

§ 33-13-7. Approval of statement listing legatees — Order to pay legacies.
Upon a hearing on the statement, the court shall approve the statement as filed, or shall amend and approve the same as amended, and shall enter its order directing the payment and satisfaction of the legacies. If an appeal is taken, the probate court may order the payment and satisfaction of legacies not affected by the appeal.
History of Section.
C.P.A. 1905, § 979; G.L. 1909, ch. 318, § 14; G.L. 1923, ch. 369, § 14; G.L. 1938, ch. 579, § 14; G.L. 1956, § 33-13-7.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-8. - Determination of questions as to legacies.

§ 33-13-8. Determination of questions as to legacies.
Whenever any question arises as to the identity of a legatee, or the construction, or the payment and satisfaction of any legacy, the probate court, upon petition setting out any questions, after notice by citation to all known parties and any additional notice the court may direct, and after a hearing thereon, may determine the questions and enter its order accordingly.
History of Section.
C.P.A. 1905, § 980; G.L. 1909, ch. 318, § 15; G.L. 1923, ch. 369, § 15; G.L. 1938, ch. 579, § 15; G.L. 1956, § 33-13-8.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-8.1. - Distributions in kind in satisfaction of pecuniary bequests.

§ 33-13-8.1. Distributions in kind in satisfaction of pecuniary bequests.
(a)
As used in this section, the terms “pecuniary bequests” and “transfer in trust of a pecuniary amount” mean, respectively, a bequest in a will or a transfer under a trust agreement of a specific amount of money, which amount is either expressly stated in the instrument or determinable by means of a formula which is stated in the instrument.
(b)
Whether a bequest or transfer in trust is pecuniary in character depends upon the intention of the testator or grantor.
(c)
Where a will or a trust agreement authorizes the executor, administrator, or trustee (hereinafter called the “fiduciary”) to satisfy wholly or partly in kind a pecuniary bequest or transfer in trust of a pecuniary amount, unless the instrument shall otherwise expressly provide, the assets selected by the fiduciary for that purpose shall be valued at their respective values on the date or dates of their distribution.
(d)
Where a will or a trust agreement authorizes the fiduciary to satisfy wholly or partly in kind a pecuniary bequest or transfer in trust of a pecuniary amount and the instrument requires the fiduciary to value the assets selected by the fiduciary for distribution as of a date other than the date or dates of their distribution, unless the instrument shall otherwise expressly provide, the assets selected by the fiduciary for that purpose, together with any cash distributed, shall have an aggregate value on the date or dates of their distribution amounting to no less than, and to the extent practicable to no more than, the amount of the bequest or transfer in trust as stated in, or determined by the formula stated in, the instrument.
History of Section.
G.L., § 33-13-8.1, as enacted by P.L. 1969, ch. 241, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-9. - Action for recovery of legacy — Action to preserve lien or charge upon real estate.

§ 33-13-9. Action for recovery of legacy — Action to preserve lien or charge upon real estate.
(a)
A legatee may recover his or her legacy in a civil action; but no action shall be brought for recovery against an executor or administrator with the will annexed, for the recovery of a legacy, until the executor or administrator has filed a statement of the legacies to be paid under the provisions of § 33-13-6 or failed to comply with the provisions of § 33-13-6.
(b)
All actions to impress and preserve a lien or charge upon real estate based upon a will duly proven after May 28, 1959, wherein real estate is subject to a lien or charge expressed or implied, shall be commenced and sued within six (6) years from the date the will is proven or the right accrues and not later; and all actions to impress and preserve a lien or charge upon real estate based upon a will duly proven prior to May 28, 1959, wherein real estate is subject to a lien or charge expressed or implied, shall be commenced and sued within six (6) years from May 28, 1959, or if on the effective date the right to sue shall not have accrued, then within six (6) years of the time when the right to sue shall have accrued, and not later; and in any event any such lien or charge shall be wholly lost unless notice of the suit shall be filed in the land records of the city or town where the real estate lies within ten (10) days of the commencement of the suit.
History of Section.
C.P.A. 1905, § 977; G.L. 1909, ch. 318, § 12; G.L. 1923, ch. 369, § 12; G.L. 1938, ch. 579, § 12; G.L. 1956, § 33-13-9; P.L. 1959, ch. 115, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-10. - Action for an accounting brought by residuary legatee.

§ 33-13-10. Action for an accounting brought by residuary legatee.
An executor, being a residuary legatee, may bring an action for an accounting against his or her co-executor concerning the estate in his or her hands, and for his or her part thereof, and every other residuary legatee shall have the like remedy against an executor or administrator with the will annexed; but in both cases without prejudice to any other remedies.
History of Section.
C.P.A. 1905, § 981; G.L. 1909, ch. 318, § 16; G.L. 1923, ch. 369, § 16; G.L. 1938, ch. 579, § 16; G.L. 1956, § 33-13-10.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-11. - Time when order of distribution allowed.

§ 33-13-11. Time when order of distribution allowed.
At any time after six (6) months from the date of the first publication of the notice of the qualification of the first administrator, a probate court may make an order of distribution, if it shall appear to the satisfaction of the court that the administrator has paid all claims that have been filed and allowed or proved.
History of Section.
C.P.A. 1905, § 982; G.L. 1909, ch. 318, § 17; G.L. 1923, ch. 369, § 17; G.L. 1938, ch. 579, § 17; P.L. 1941, ch. 1003, § 7; G.L. 1956, § 33-13-11.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-12. - Time when order of distribution required.

§ 33-13-12. Time when order of distribution required.
Within two (2) years after the first publication, or such further time as the probate court for cause shown may allow, administrators shall obtain an order of distribution, ascertaining the distributees and the proportion of the personal estate due each.
History of Section.
C.P.A. 1905, § 983; G.L. 1909, ch. 318, § 18; G.L. 1923, ch. 369, § 18; G.L. 1938, ch. 579, § 18; G.L. 1956, § 33-13-12.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-13. - Payment of money into court for benefit of foreign legatee or distributee.

§ 33-13-13. Payment of money into court for benefit of foreign legatee or distributee.
Where it shall appear that a legatee or distributee resides outside of the United States or its territories and would not have the benefit, use, or control of the money, or other property due him or her, the probate court may direct that the money or other property be paid into the registry of the probate court for the benefit of the legatee or distributee or the person or persons as may thereafter appear to be entitled thereto. Any money or other property so paid into court shall be paid out only by special order of the probate court or pursuant to the judgment of a court of competent jurisdiction.
History of Section.
G.L., ch. 579, § 11, as enacted by P.L. 1951, ch. 2744, § 1; G.L. 1956, § 33-13-13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-14. - Liability of heirs, next of kin, devisees, and legatees for debts.

§ 33-13-14. Liability of heirs, next of kin, devisees, and legatees for debts.
After the settlement of an estate by an executor or administrator, and after the expiration of six (6) months from the date of the first publication of the notice of his or her qualification by the first executor or administrator, the heirs, next of kin, devisees, and legatees of the deceased shall be liable, in the manner provided in the following sections, for all debts for which suits could not have been brought against the executor or administrator and for which provision is not made under the preceding sections of this chapter or chapters 11 and 12 of this title.
History of Section.
C.P.A. 1905, § 984; G.L. 1909, ch. 318, § 19; G.L. 1923, ch. 369, § 19; G.L. 1938, ch. 579, § 19; P.L. 1939, ch. 706, § 1; P.L. 1941, ch. 1003, § 8; G.L. 1956, § 33-13-14.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-15. - Action by creditor against heirs, next of kin, devisees, and legatees.

§ 33-13-15. Action by creditor against heirs, next of kin, devisees, and legatees.
Any creditor holding a contingent claim, the right of action on which did not accrue during the period of six (6) months, who shall bring his or her action within one year after his or her right of action accrues, and any creditor who from accident, mistake or other cause has failed to file his or her claim within six (6) months after the first publication of notice who shall bring his or her action not later than three (3) years after the first publication, may recover his or her claim against the heirs and next of kin of the deceased, or against the devisees and legatees under his or her will, each one of whom shall be liable to the creditor to an amount not exceeding the value of real or personal estate that he or she has received from the deceased. But, if by the will of the deceased any part of his or her estate, or any one or more of the devisees or legatees, is made exclusively liable for the claim in exoneration of the residue of the estate or of other devisees or legatees, those provisions of the will shall be complied with and the persons and estates so exempted shall be liable for only so much of the claims as cannot be recovered from those who are first chargeable therewith.
History of Section.
C.P.A. 1905, § 985; G.L. 1909, ch. 318, § 20; G.L. 1923, ch. 369, § 20; G.L. 1938, ch. 579, § 20; P.L. 1939, ch. 706, § 1; P.L. 1941, ch. 1003, § 8; G.L. 1956, § 33-13-15.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-16. - Liability of estate of heir, next of kin, devisee, or legatee for creditor’s claim.

§ 33-13-16. Liability of estate of heir, next of kin, devisee, or legatee for creditor’s claim.
If an heir, next of kin, devisee, or legatee dies, without having paid his or her just proportion of the claim, his or her estate shall be liable therefor, as for his or her own debt, to the extent to which he or she would have been liable if living.
History of Section.
C.P.A. 1905, § 986; G.L. 1909, ch. 318, § 21; G.L. 1923, ch. 369, § 21; G.L. 1938, ch. 579, § 21; G.L. 1956, § 33-13-16.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-17. - Recovery of creditors’ claims — Apportionment of liability.

§ 33-13-17. Recovery of creditors’ claims — Apportionment of liability.
In a case under §§ 33-13-15 and 33-13-16, the creditor shall recover his or her claim by a civil action against all persons so liable, or against any of them as are within reach of process. The court shall decide how much each one of the defendants is liable to pay towards the claim.
History of Section.
C.P.A. 1905, § 987; G.L. 1909, ch. 318, § 22; G.L. 1923, ch. 369, § 22; G.L. 1938, ch. 579, § 22; G.L. 1956, § 33-13-17.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-18. - Failure of creditor to join all defendants — Addition of parties.

§ 33-13-18. Failure of creditor to join all defendants — Addition of parties.
An action under §§ 33-13-15 and 33-13-16 shall not be dismissed or barred for not making all persons who might have been so included defendants; but, in any stage of the cause, the court, upon terms as may be deemed reasonable, may summon in other parties and allow amendments as may be necessary.
History of Section.
C.P.A. 1905, § 988; G.L. 1909, ch. 318, § 23; G.L. 1923, ch. 369, § 23; G.L. 1938, ch. 579, § 23; G.L. 1956, § 33-13-18.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-19. - Liability to creditor for amount payable by insolvent heir, devisee or other — Restriction to amount received from estate.

§ 33-13-19. Liability to creditor for amount payable by insolvent heir, devisee or other — Restriction to amount received from estate.
If an heir, devisee or other person who was originally liable with others for the claim is insolvent, unable to pay his or her proportion thereof, or beyond reach of process, the others shall be liable to the creditor for the whole amount of his or her claim; but no one shall be compelled to pay more than the amount received by him or her from the estate of the deceased.
History of Section.
C.P.A. 1905, § 989; G.L. 1909, ch. 318, § 24; G.L. 1923, ch. 369, § 24; G.L. 1938, ch. 579, § 24; G.L. 1956, § 33-13-19.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-13 - Legacies, Devises, and Inheritance › Section 33-13-20. - Indemnity between heirs, next of kin, legatees, and devisees.

§ 33-13-20. Indemnity between heirs, next of kin, legatees, and devisees.
If, in consequence of insolvency, absence, or other cause, a person liable for a claim fails to pay his or her just proportion of the claim to the creditor, he or she shall be liable to indemnify all who pay more than their just proportion of the claim. This indemnity may be recovered at their election by all of them jointly, or in separate proceedings by one or more of them for his, hers, or their parts respectively.
History of Section.
C.P.A. 1905, § 990; G.L. 1909, ch. 318, § 25; G.L. 1923, ch. 369, § 25; G.L. 1938, ch. 579, § 25; G.L. 1956, § 33-13-20.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-14 - Accounts of Executors and Administrators › Section 33-14-1. - Times when accounts required.

§ 33-14-1. Times when accounts required.
Every executor and administrator, except as provided in § 33-17-3, shall make out and return to the probate court, upon completion of the period of administration, and at such other times as shall be required by the court, pursuant to § 33-14-4, an account relative to the estate in his or her hands, with a statement of the liquidated balance that may be due to or from him or her. Provided, however, that no interim accounting shall be required unless requested by an interested party, and any interim accounting may be excused by the probate court for good cause shown; and further provided, however, that every executor and administrator who is the sole beneficiary of the estate or who files a release from each beneficiary shall be permitted to file, in lieu of a final account, an affidavit of completed administration together with evidence that all Rhode Island estate and inheritance taxes for the estate have been satisfied, that the funeral bill has been paid, and that all claims filed against the estate have been satisfied.
History of Section.
C.P.A. 1905, § 995; G.L. 1909, ch. 319, § 1; G.L. 1923, ch. 370, § 1; G.L. 1938, ch. 580, § 1; G.L. 1956, § 33-14-1; P.L. 1973, ch. 106, § 1; P.L. 1990, ch. 99, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-14 - Accounts of Executors and Administrators › Section 33-14-2. - Charges and credits shown — Investments.

§ 33-14-2. Charges and credits shown — Investments.
(a)
Accounts rendered by an executor or administrator to the probate court shall be for a period stated therein, and shall charge the executor or administrator with the amount of the inventory, or, instead the amount of the balance of the last account rendered, as the case may be, and all income, all gains from the sale of personal property, and all other property received by him or her, although not inventoried, and all rents and proceeds of the sale of real estate received by the executor or administrator; the accounts shall credit all charges, losses and payments, including legacies, distribution, and specific personal property delivered, and shall also show the investments of the balance of the account, if any, and changes of investments, along with such documentation verifying such investments as the court may request.
(b)
An executor or administrator who is represented by an attorney shall not be required to submit originals or copies of evidence of charges, losses and payments which appear on his or her account, except for documentation required pursuant to the provisions of § 33-14-8, but shall instead include with any such account a certification substantially in the form set forth in § 33-14-2.2, signed by such executor or administrator and by said attorney. An executor or administrator who is not represented by an attorney or whose attorney declines to execute and submit such a certification shall, in addition to such certification, submit to the probate court for inspection copies of the front sides of all checks or other documents evidencing any such charges, losses and payments, unless specifically waived by the court.
(c)
Provided, however, that the provisions of this section shall not prohibit the probate court, on its own motion, from ordering the executor or administrator to submit originals or copies of evidence of the charges, losses and payments which appear on the executor’s or administrator’s account, in any case where the court deems such documentation necessary to its review of such account.
(d)
As used in this section and in the remainder to title 33, the term “attorney” shall mean an individual who is a member in good standing of the Rhode Island Bar Association.
History of Section.
C.P.A. 1905, § 996; G.L. 1909, ch. 319, § 2; G.L. 1923, ch. 370, § 2; G.L. 1938, ch. 580, § 2; G.L. 1956, § 33-14-2; P.L. 1996, ch. 110, § 7; P.L. 2011, ch. 363, § 7.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-14 - Accounts of Executors and Administrators › Section 33-14-2.2. - Form of certification.

§ 33-14-2.2. Form of certification.
The certification referred to in § 33-14-2 shall be in substantially the following form:
CERTIFICATION OF ACCOUNTING
The undersigned, (name of attorney), attorney, and (name of fiduciary), fiduciary hereby certify that the within accounting was prepared based on information which each of the undersigned have personally examined, and further certify that, to the best of the knowledge and belief of each of the undersigned, the within is a true and accurate representation of the accounts of the estate for the period indicated.
(Name of fiduciary)
_________________________________________
Fiduciary
(Name of attorney)
_________________________________________
Attorney
STATE OF RHODE ISLAND
COUNTY OF __________
Subscribed and sworn to before me this ___ day of ______ , 20__ .
_________________________________________
NOTARY PUBLIC
My commission expires:
_________________________________________
History of Section.
P.L. 1996, ch. 110, § 8.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-14 - Accounts of Executors and Administrators › Section 33-14-3. - Examination of executor or administrator on oath.

§ 33-14-3. Examination of executor or administrator on oath.
An executor or administrator may be examined on oath before the court upon any matter relative to his or her accounts.
History of Section.
C.P.A. 1905, § 997; G.L. 1909, ch. 319, § 3; G.L. 1923, ch. 370, § 3; G.L. 1938, ch. 580, § 3; G.L. 1956, § 33-14-3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-14 - Accounts of Executors and Administrators › Section 33-14-4. - Citation to render account.

§ 33-14-4. Citation to render account.
Every probate court on petition therefor, whenever it deems proper, may issue a citation to an executor or administrator, having accounts unsettled with the court, to render an account relative to the estate in his or her hands, at any time as it may order in the citation.
History of Section.
C.P.A. 1905, § 998; G.L. 1909, ch. 319, § 4; G.L. 1923, ch. 370, § 4; G.L. 1938, ch. 580, § 4; G.L. 1956, § 33-14-4.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-14 - Accounts of Executors and Administrators › Section 33-14-5. - Failure to account after citation.

§ 33-14-5. Failure to account after citation.
If an executor or administrator, after being cited, shall neglect or refuse to render an account within thirty (30) days after the time named in the citation, or such further time as the court may allow, he or she shall be held accountable for the full value of the personal property of the deceased, the proceeds of the sale of real estate, and the rents received by him or her, with interest, and shall be entitled to no compensation for his or her services.
History of Section.
C.P.A. 1905, § 999; G.L. 1909, ch. 319, § 5; G.L. 1923, ch. 370, § 5; G.L. 1938, ch. 580, § 5; G.L. 1956, § 33-14-5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-14 - Accounts of Executors and Administrators › Section 33-14-6. - Charges and disbursements allowed.

§ 33-14-6. Charges and disbursements allowed.
Executors and administrators shall be allowed in their accounts all reasonable and proper charges and disbursements made by them for the funeral of the deceased and in the execution of their trust.
History of Section.
C.P.A. 1905, § 1001; G.L. 1909, ch. 319, § 7; G.L. 1923, ch. 370, § 7; G.L. 1938, ch. 580, § 6; G.L. 1956, § 33-14-6.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-14 - Accounts of Executors and Administrators › Section 33-14-7. - Expense of prosecuting or defending appeal on admission to probate.

§ 33-14-7. Expense of prosecuting or defending appeal on admission to probate.
In case of an appeal from the order or decree of a probate court admitting or refusing to admit to probate the will of any deceased person, the court shall allow to the executor or administrator, as the case may be, his or her just and reasonable expenses, including counsel and attorney fees, in supporting or defending against the will, on appeal; and the expense shall be allowed in the account of the executor or administrator with the estate as part of the expenses of the settlement of the estate.
History of Section.
C.P.A. 1905, § 865; G.L. 1909, ch. 312, § 51; G.L. 1923, ch. 363, § 51; G.L. 1938, ch. 575, § 49; G.L. 1956, § 33-14-7.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-14 - Accounts of Executors and Administrators › Section 33-14-8. - Compensation of executors and administrators.

§ 33-14-8. Compensation of executors and administrators.
Executors and administrators shall, also, be allowed in their accounts such compensation for their services as the probate court shall consider just.
History of Section.
C.P.A. 1905, § 1002; G.L. 1909, ch. 319, § 8; G.L. 1923, ch. 370, § 8; P.L. 1930, ch. 1538, § 1; G.L. 1938, ch. 580, § 7; G.L. 1956, § 33-14-8.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-14 - Accounts of Executors and Administrators › Section 33-14-9. - Interest on unreasonable detention of money.

§ 33-14-9. Interest on unreasonable detention of money.
Executors and administrators may be charged in their accounts with interest, for the unreasonable detention of money, at a rate not more than twelve percent (12%) per annum.
History of Section.
C.P.A. 1905, § 1003; G.L. 1909, ch. 319, § 9; G.L. 1923, ch. 370, § 9; G.L. 1938, ch. 580, § 8; G.L. 1956, § 33-14-9; P.L. 1983, ch. 204, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-14 - Accounts of Executors and Administrators › Section 33-14-10. - Application of small amounts due to persons under disability.

§ 33-14-10. Application of small amounts due to persons under disability.
Whenever it shall appear in the final account of an executor or administrator that the estate of a minor or person non compos mentis in his or her hands does not exceed five thousand dollars ($5,000), the sum may be applied or disposed of in such manner as the probate court shall deem for the advantage of the minor or person non compos mentis.
History of Section.
C.P.A. 1905, § 1008; G.L. 1909, ch. 319, § 14; G.L. 1923, ch. 370, § 14; G.L. 1938, ch. 580, § 12; G.L. 1956, § 33-14-10; P.L. 1960, ch. 163, § 1; P.L. 1983, ch. 204, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-14 - Accounts of Executors and Administrators › Section 33-14-11. - Conclusiveness of settlement of accounts.

§ 33-14-11. Conclusiveness of settlement of accounts.
The settlement of the accounts of an executor or administrator by the probate court, or on appeal, shall be final and conclusive on all parties concerned; provided, that upon the settlement of an account, all former accounts of the same executor or administrator may be so far opened as to correct a mistake or error apparent in the settlement.
History of Section.
C.P.A. 1905, § 1004; G.L. 1909, ch. 319, § 10; G.L. 1923, ch 370, § 10; G.L. 1938, ch. 580, § 9; G.L. 1956, § 33-14-11.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-14 - Accounts of Executors and Administrators › Section 33-14-12. - Accounting between executors and administrators.

§ 33-14-12. Accounting between executors and administrators.
Whenever two (2) or more persons shall have letters testamentary or letters of administration granted to them, and any one or more of them shall refuse or neglect to apply the property in his, her, or their hands to the settlement of the estate, or to the payment of the debts or funeral charges of the testator or intestate, or shall refuse to account with the other executor or administrator, the aggrieved executor or administrator may bring his or her action against the others for an accounting.
History of Section.
C.P.A. 1905, § 839; G.L. 1909, ch. 312, § 25; G.L. 1923, ch. 363, § 25; G.L. 1938, ch. 575, § 23; G.L. 1956, § 33-14-12.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-14 - Accounts of Executors and Administrators › Section 33-14-13. - Reopening of estates and administrations without court approval for assets totaling five thousand dollars ($5,000) or less.

§ 33-14-13. Reopening of estates and administrations without court approval for assets totaling five thousand dollars ($5,000) or less.
(a)
Subsequent to the filing of a final account of any estate or administration or an affidavit of completed administration pursuant to the provisions of § 33-14-1, an estate or administration may be reopened by the executor or administrator without the consent of the probate court provided that the executor or administrator:
(1)
Files an affidavit with the court listing every newly discovered asset discovered by the executor or administrator along with its fair market value;
(2)
Provides notice to the persons who would take under the provisions of § 33-1-10 in the case of intestacy listing the asset(s) along with the fair market value;
(3)
Provides notice, if applicable, to those persons who would take under the provisions of the will listing the asset(s) along with the fair market value; and
(4)
Files a statement with the court and provides a copy to those persons described in subsections (a)(2) and (a)(3) setting forth the proposed distribution of the asset(s) or the funds received as a result of the sale of the asset(s).
(b)
If no objection is filed by said persons within thirty (30) days of the filing of the affidavit and statement, the executor or administrator may proceed to dispose of the asset(s) as indicated. If objection is filed, the probate court shall schedule a hearing on the objection within thirty (30) days of its receipt.
(c)
Upon completion of the distribution of the asset(s) per the statement or per any order of the probate court, the executor or administrator shall file an affidavit stating the names and the addresses of the persons receiving the asset(s), the value or amount received, and attesting that the estate or administration has now been finalized.
(d)
The procedure set forth in subsection (a) may only be used when the asset(s) subsequently discovered do not exceed the sum of five thousand dollars ($5,000) in the aggregate.
(e)
The executor or administrator shall be liable in his or her own wrong to all persons aggrieved by his or her actions taken in conformance with the provisions of this section.
History of Section.
P.L. 2014, ch. 348, § 1; P.L. 2014, ch. 385, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-1. - Legislative intent.

§ 33-15-1. Legislative intent.
The legislature finds that adjudicating a person totally incapacitated and in need of a guardian deprives that person of all his or her civil and legal rights and that this deprivation may be unnecessary. The legislature further finds that it is desirable to make available, the least restrictive form of guardianship to assist persons who are only partially incapable of caring for their needs. Recognizing that every individual has unique needs and differing abilities, the legislature declares that it is the purpose of this act to promote the public welfare by establishing a system that permits incapacitated persons to participate as fully as possible in all decisions affecting them; that assists such persons in meeting the essential requirements for their physical health and safety, in protecting their rights, in managing their financial resources, and developing or regaining their abilities to the maximum extent possible; and that accomplishes these objectives through providing, in each case, the form of assistance that least interferes with the legal capacity of a person to act in his or her own behalf. This chapter shall be liberally construed to accomplish this purpose.
History of Section.
P.L. 1992, ch. 493, § 4.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-2. - Petition for appointment of a limited guardian or guardian.

§ 33-15-2. Petition for appointment of a limited guardian or guardian.
Any person may file with the probate court clerk, in the city or town where the proposed ward resides or where an out of state proposed ward has property, a verified petition for the appointment of a guardian. The petition shall state the following information known to the petitioner:
(1)
The name, age, and post office address of the proposed ward;
(2)
That, based on a decision making assessment tool which reflects the proposed ward’s current level of decision making ability:
(i)
The proposed ward needs a limited guardian to provide assistance with decision making in the areas of financial, health care, residential and/or relationship matters; or
(ii)
The proposed ward needs a full guardian to provide assistance with decision making in all areas;
(3)
The guardianship powers being requested;
(4)
The steps which have been taken to utilize less restrictive alternatives to guardianship; and,
(5)
The qualifications of the individual proposed to serve as limited guardian or guardian.
History of Section.
P.L. 1992, ch. 493, § 4; P.L. 2007, ch. 417, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-3. - Power of probate court to appoint limited guardians or guardians.

§ 33-15-3. Power of probate court to appoint limited guardians or guardians.
Pursuant to the provisions of this chapter, the probate court in each city or town shall have the power to appoint or approve limited guardians or guardians of individuals who shall reside or have a legal settlement within the city or town, and of individuals who reside outside this state and have an estate within the city or town.
History of Section.
C.P.A. 1905, § 1041; G.L. 1909, ch. 321, § 1; G.L. 1923, ch. 372, § 1; G.L. 1938, ch. 426, § 1; G.L. 1956, § 33-15-3; 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-4.1. - Good Samaritan guardians.

§ 33-15-4.1. Good Samaritan guardians.
(a)
Any person who files a petition for a guardianship of the person pursuant to the provisions of this chapter may also file to be qualified as a good Samaritan guardian. A good Samaritan guardian may be appointed by the probate court in those instances where the court determines that the estate of a proposed ward is insufficient to pay for the services of a guardian and that such an appointment would otherwise be in the best interests of the individual for whom the guardianship is proposed.
(b)
A person filing for appointment of a good Samaritan guardianship shall file all the forms required by this chapter to initiate a guardianship petition and shall file an additional form setting forth the qualifications of the proposed guardian to serve as a good Samaritan guardian. Such forms shall include, but not be limited to, the following information:
(1)
The experience, if applicable, of the proposed guardian;
(2)
The willingness of the proposed guardian to serve as said good Samaritan guardian; and
(3)
A statement that if appointed as a good Samaritan guardian, such person shall not seek any fees and/or monetary compensation for their services as a good Samaritan; provided, that this shall not be construed to prohibit the good Samaritan guardian from soliciting and/or utilizing charitable donations for and on behalf of the individual under guardianship.
(c)
The appointment of a good Samaritan guardian shall be in the discretion of the probate court.
(d)
Except as otherwise provided for herein, hearings on and notice of the application for and appointment of a good Samaritan guardianship shall proceed in the same manner as any other petition for guardianship pursuant to the provisions of this chapter.
History of Section.
P.L. 1999, ch. 494, § 1; P.L. 2008, ch. 299, § 3; P.L. 2008, ch. 419, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-4.2. - Waiver of filing fees for good Samaritan guardianships.

§ 33-15-4.2. Waiver of filing fees for good Samaritan guardianships.
The probate court may on exporting application, issue orders providing the payment of a filing fee in cases of a good Samaritan guardianship, prior to the filing of the petition. The probate court shall provide forms for such application for waiver of fee.
History of Section.
P.L. 1999, ch. 494, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-4.3. - No cash surety required.

§ 33-15-4.3. No cash surety required.
Notwithstanding the provisions of R.I.G.L. § 33-17-1.3, surety shall not be required on any bond of a good Samaritan guardian unless the probate court determines that the circumstances so warrant surety.
History of Section.
P.L. 1999, ch. 494, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-4.4. - Immunity of good Samaritan guardians.

§ 33-15-4.4. Immunity of good Samaritan guardians.
No person acting as a duly appointed good Samaritan guardian pursuant to the provisions of this chapter, will in the performance of their duty and responsibility as such a good Samaritan guardian, shall be liable for civil damage which result from acts or omissions by such persons so acting, which may constitute ordinary negligence. This immunity shall not apply to acts or omissions constituting gross negligence or willful or wanton conduct.
History of Section.
P.L. 1999, ch. 494, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-4.5. - Continuing duties of good Samaritan guardians.

§ 33-15-4.5. Continuing duties of good Samaritan guardians.
Except as otherwise provided for in § 33-15-4.1 — 33-15-4.4, a good Samaritan guardian shall be subject to all other duties and responsibilities required of a guardian under this title, including but not limited to the provisions pertaining the accountings; provided, that the probate court may waive any and all filing requirements and court fees associated with the guardianship, if in its discretion such waiver is warranted. The probate court may modify, amend and/or revoke the good Samaritan guardianship upon the discovery or addition of assets to the individual’s estate and/or which otherwise make it inequitable for the guardian to continue to serve as a good Samaritan guardian.
History of Section.
P.L. 1999, ch. 494, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-5. - Hearing.

§ 33-15-5. Hearing.
No limited guardian or guardian shall be appointed until after a hearing on the petition. The hearing shall be before a judge of the probate court of the city or town where the petition was filed.
(1)
The respondent shall have the right to be present at the hearing and all other stages of the proceedings.
(2)
The respondent shall be allowed to:
(i)
Compel the attendance of witnesses;
(ii)
Present evidence; and
(iii)
Confront and cross examine witnesses.
(3)
The standard of proof shall be clear and convincing evidence.
(4)
The Rhode Island rules of evidence shall apply.
(5)
Any professional whose training and experience aid in the assessment of decision making ability and who has so assessed the respondent may be permitted to provide expert testimony regarding the decision making assessment of the respondent.
History of Section.
P.L. 1992, ch. 493, § 4; P.L. 2007, ch. 417, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-6. - Who may be appointed limited guardian or guardian.

§ 33-15-6. Who may be appointed limited guardian or guardian.
(a)
The court shall not appoint as limited guardian or guardian any agency, public or private, or representative thereof, which financially benefits from providing housing, medical, or social services to the individual found to be incapacitated.
(b)
Before appointing an individual or agency as limited guardian or guardian, the court shall find that the individual or agency:
(1)
Has no criminal background which bears on suitability to serve as guardian;
(2)
Has the capacity to manage the financial resources involved;
(3)
Has the ability to meet the unique needs of the individual case; and
(4)
Has the ability to meet the requirements of the law.
(c)
Individuals or agencies eligible for consideration as limited guardian or guardian include, but are not limited to, the following:
(1)
Relatives or friends of the individual found to be incapacitated;
(2)
Banks, trust companies and other financial institutions;
(3)
Nonprofit corporations organized for charitable or religious purposes (including those organized specifically to act as limited guardian or guardian) and existing under the laws of this state.
(d)
The court may appoint an out of state resident as limited guardian or guardian if the court finds that the individual meets the requirements of this section.
(e)
In appointing a guardian, the court shall consider the wishes expressed by the individual found to be incapacitated as to preferences among individuals eligible to serve as limited guardian or guardian who meet the requirements of this section.
History of Section.
P.L. 1992, ch. 493, § 4.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-8. - Authority of limited guardian or guardian.

§ 33-15-8. Authority of limited guardian or guardian.
A limited guardian shall have only the authority as set forth by the limited guardianship order.
History of Section.
P.L. 1992, ch. 493, § 4.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-8.1. - Temporary guardianship for specific purpose.

§ 33-15-8.1. Temporary guardianship for specific purpose.
If it is established in a proper proceeding that a basis exists for the appointment of a limited guardian or guardian as described in § 35-15-5, the court may appoint a temporary limited guardian for the specific purpose of authorizing, directing, or ratifying any transaction necessary or desirable for admission to a nursing facility, including, but not limited to, enrolling the protected person in the medicaid or general public assistance programs, in those instances where the nursing facility requires a limited guardian and the admission is in the best interest of the protected person. Prior to appointing a temporary limited guardian pursuant to this section, the court shall first make the following findings of fact:
(1)
That there exists a need for a limited guardian;
(2)
That no person is available to serve as full time guardian;
(3)
That no financial resources are available for the protected person’s use and care; and
(4)
That it is necessary for proper care and treatment, that the protected person be moved to a nursing facility. The court may accept the resignation of the temporary limited guardian after the protected person has been admitted to the nursing facility and has been enrolled in the medicaid or general public assistance programs, if applicable.
History of Section.
P.L. 1990, ch. 282, § 1; P.L. 1990, ch. 362, § 1; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-10. - Appointment of temporary limited guardian or guardian.

§ 33-15-10. Appointment of temporary limited guardian or guardian.
The probate court for cause shown after notice, pending any application for the appointment of a limited guardian or guardian, or pending any appeal from a decree appointing a limited guardian or guardian, may, if it shall deem proper, appoint a temporary limited guardian or temporary guardian of the person and estate, or of the person or estate of the respondent.
History of Section.
C.P.A. 1905, § 1048; G.L. 1909, ch. 321, § 8; G.L. 1923, ch. 372, § 8; G.L. 1938, ch. 426, § 8; P.L. 1952, ch. 2946, § 1; G.L. 1956, § 33-15-10; P.L. 1992, ch. 493, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-15 - Limited Guardianship and Guardianship of Adults › Section 33-15-11. - Tenure of temporary limited guardian or guardian.

§ 33-15-11. Tenure of temporary limited guardian or guardian.
A temporary limited guardian or guardian shall serve until the question of appointment of a guardian is decided, or until he or she shall be discharged by the probate court. There shall be no appeal from the appointment of a temporary limited guardian or guardian.
History of Section.
C.P.A. 1905, § 1049; G.L. 1909, ch. 321, § 9; G.L. 1923, ch. 372, § 9; G.L. 1938, ch. 426, § 9; G.L. 1956, § 33-15-11; P.L. 1992, ch. 493, § 3.