reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-33. - Interstate agreements and cooperation — Joint and reciprocal actions with other states.

§ 33-21.1-33. Interstate agreements and cooperation — Joint and reciprocal actions with other states.
(a)
The administrator may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine unclaimed property that it or another state may be entitled to subject to a claim of custody. The administrator by rule may require the reporting of information needed to enable compliance with agreements made pursuant to this section and prescribe the form.
(b)
To avoid conflicts between the administrator’s procedures and the procedures of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act, the administrator, so far as is consistent with the purposes, policies, and provisions of this chapter, before adopting, amending or repealing rules, shall advise and consult with administrators in other jurisdictions that enact substantially the Uniform Unclaimed Property Act and take into considerations the rules of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act.
(c)
The administrator may join with other states to seek enforcement of this chapter against any person who is or may be holding property reportable under this chapter.
(d)
At the request of another state, the attorney general of this state may bring an action in the name of the administrator of the other state in any court of competent jurisdiction to enforce the unclaimed property laws of the other state against a holder in this state of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the attorney general in bringing the action.
(e)
The administrator may request that the attorney general of another state, or any other person, bring an action in the name of the administrator in the other state. This state shall pay all expenses including attorney’s fees in any action under this subsection. The administrator may agree to pay the person bringing the action attorney’s fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses paid pursuant to this subsection may not be deducted from the amount that is subject to the claim by the owner under this chapter.
History of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-34. - Interest and penalties.

§ 33-21.1-34. Interest and penalties.
(a)
A person who fails to pay or deliver property within the time prescribed by this chapter may be required to pay to the administrator interest at the annual rate of twelve percent (12%) above the annual rate of discount, in effect on the date the property should have been paid or delivered, for the most recent issue of fifty-two (52) week United States Treasury bills on the property or value thereof from the date the property should have been paid or delivered.
(b)
A person who willfully fails to render any report or perform other duties required under this chapter shall pay a civil penalty of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each day the report is withheld or the duty is not performed, but not more than ten thousand dollars ($10,000).
(c)
A person who willfully fails to pay or deliver property to the administrator as required under this chapter, shall pay a civil penalty equal to twenty five percent (25%) of the value of the property that should have been paid or delivered.
(d)
A person who willfully refuses after written demand by the administrator to pay or deliver property to the administrator as required under this chapter, is guilty of a misdemeanor and upon conviction may be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisonment for not more than six (6) months, or both.
(e)
The holder in possession of property who fails to comply with the notice provisions required under subsection 33-21.1-17(e) shall pay a civil penalty of ten dollars ($10.00) for each account for which the statutory notice as required by subsection 33-21.1-17(e) is not given.
History of Section.
P.L. 1986, ch. 500, § 3; P.L. 1992, ch. 133, art. 86, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-35. - Agreement to locate reported property.

§ 33-21.1-35. Agreement to locate reported property.
All agreements to pay compensation to recover or assist in the recovery of property reported under § 33-21.1-17, made within twenty four (24) months after the date payment or delivery is made under § 33-21.1-19, are unenforceable.
History of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-36. - Foreign transactions.

§ 33-21.1-36. Foreign transactions.
This chapter does not apply to any property held due and owing in a foreign country and arising out of a foreign transaction.
History of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-37. - Effect of new provisions — Clarification of application.

§ 33-21.1-37. Effect of new provisions — Clarification of application.
(a)
This chapter does not relieve a holder of a duty that arose before July 1, 1987 to report, pay, or deliver property. A holder who did not comply with the law in effect before July 1, 1987 is subject to the applicable enforcement and penalty provisions that then existed and these provisions are continued in effect for the purpose of this subsection, subject to § 33-21.1-29(b).
(b)
The initial report filed under this chapter for property that was not required to be reported before July 1, 1987 but which is subject to this chapter, must include all items of property that would have been presumed abandoned during the ten (10) year period preceding July 1, 1987, as if this chapter had been in effect during that period.
History of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-38. - Rules.

§ 33-21.1-38. Rules.
The administrator may adopt necessary rules to carry out the provisions of this chapter.
History of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-39. - Severability.

§ 33-21.1-39. Severability.
If any provision of this chapter or the application of this chapter to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-40. - Uniformity of application and construction.

§ 33-21.1-40. Uniformity of application and construction.
This chapter shall be applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
History of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-41. - Short title.

§ 33-21.1-41. Short title.
This chapter may be cited as the “Uniform Unclaimed Property Act”.
History of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.2 - Lost Property › Section 33-21.2-1. - Report of lost money or goods by finder.

§ 33-21.2-1. Report of lost money or goods by finder.
Any person who finds money or goods of a value of fifty ($50.00) dollars or more, the owner of which is unknown, may, within two (2) days of the finding thereof report the finding to the officer in charge of the police station in the city or town where said property was found and deliver over the property to said officer.
History of Section.
P.L. 1995, ch. 240, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.2 - Lost Property › Section 33-21.2-2. - Restitution of lost money or goods.

§ 33-21.2-2. Restitution of lost money or goods.
If within ninety (90) days of turning the lost money or goods over to the police the owner appears and pays all reasonable costs incurred by the finder and/or the police, he or she shall have restitution of the money or goods.
History of Section.
P.L. 1995, ch. 240, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.2 - Lost Property › Section 33-21.2-3. - Rights of finder if no owner appears.

§ 33-21.2-3. Rights of finder if no owner appears.
If the owner of lost money or goods does not appear and claim his or her property as provided in § 33-21.2-2, the property shall enure to the finder.
History of Section.
P.L. 1995, ch. 240, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.2 - Lost Property › Section 33-21.2-4. - Disposition of lost money or goods.

§ 33-21.2-4. Disposition of lost money or goods.
If the finder fails to claim said money or goods within six (6) months of reporting and delivering the lost property to the police, the property shall be presumed abandoned and shall revert to the general fund of the state in accordance with the state’s unclaimed intangible and tangible property program, pursuant to chapter 21.1 of this title.
History of Section.
P.L. 1995, ch. 240, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21A - Escheat of Postal Savings System Accounts › Section 33-21A-1. - Declaration of escheat.

§ 33-21A-1. Declaration of escheat.
All postal savings system accounts created by the deposits of persons whose last known addresses are in this state which have not been claimed by the persons entitled thereto before May 1, 1971, are presumed to have been abandoned by their owners and are declared to escheat and become the property of this state.
History of Section.
P.L. 1971, ch. 28, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21A - Escheat of Postal Savings System Accounts › Section 33-21A-2. - Obtaining information on accounts.

§ 33-21A-2. Obtaining information on accounts.
The general treasurer shall request from the bureau of accounts of the United States treasury department records providing the following information: the names of depositors at the post offices of this state whose accounts are unclaimed, their last addresses as shown by the records of the United States postal service, and the balance in each account. He or she shall agree to return to the bureau of accounts promptly all account cards showing last addresses in another state.
History of Section.
P.L. 1971, ch. 28, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21A - Escheat of Postal Savings System Accounts › Section 33-21A-3. - Proceeding to adjudicate escheat.

§ 33-21A-3. Proceeding to adjudicate escheat.
(a)
The general treasurer may bring proceedings in the superior court for Providence and Bristol counties to escheat unclaimed postal savings system accounts held by the United States treasury department. A single proceeding may be used to escheat as many accounts as may be available for escheat at one time.
(b)
If the superior court shall find that the notice required by § 33-21A-4 has been duly given not less than twenty (20) days prior to the date of hearing and that no claim to an account has been made (which findings may be supported solely by the affidavit of the general treasurer), then it shall enter a final judgment of escheat against the account. A single final judgment may include more than one account.
History of Section.
P.L. 1971, ch. 28, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21A - Escheat of Postal Savings System Accounts › Section 33-21A-4. - Notice.

§ 33-21A-4. Notice.
The general treasurer shall notify depositors whose accounts are to be escheated as follows:
(1)
A letter advising that a postal savings system account in the name of the addressee is about to be escheated and setting forth the procedure by which a deposit may be claimed shall be mailed by first class mail to the named depositor at the last address shown on the account records for each account to be escheated having an unpaid principal balance of more than twenty-five dollars ($25.00).
(2)
A general notice of intention to escheat postal savings system accounts shall be published once in each of three (3) successive weeks in one or more newspapers which combine to provide general circulation throughout this state.
(3)
A special notice of intention to escheat the unclaimed postal savings system accounts originally deposited in each post office must be published once in each of three (3) successive weeks in a newspaper published in the county in which the post office is located or, if there is none, in a newspaper having general circulation in the county. This notice must list the names of the owners of each unclaimed account to be escheated having a principal balance of three dollars ($3.00) or more.
History of Section.
P.L. 1971, ch. 28, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21A - Escheat of Postal Savings System Accounts › Section 33-21A-5. - Collection and deposit of funds.

§ 33-21A-5. Collection and deposit of funds.
The general treasurer shall present a copy of each final judgment of escheat to the United States treasury department for payment of the principal due and the interest computed under regulations of the United States treasury department. The payment received shall be deposited in the general funds of the state.
History of Section.
P.L. 1971, ch. 28, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21A - Escheat of Postal Savings System Accounts › Section 33-21A-6. - Indemnification of the United States.

§ 33-21A-6. Indemnification of the United States.
This state shall indemnify the United States for any losses suffered as a result of the escheat of unclaimed postal savings system accounts. The burden of indemnification falls upon the fund into which the proceeds of the escheated accounts have been paid.
History of Section.
P.L. 1971, ch. 28, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21A - Escheat of Postal Savings System Accounts › Section 33-21A-7. - Short title.

§ 33-21A-7. Short title.
This act may be cited as the “Escheat of Postal Savings System Accounts Act”.
History of Section.
P.L. 1971, ch. 28, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21B - Property in Custody of Federal Officers, Agencies, and Departments [Repealed.] › Section 33-21B-1 - — 33-21B-9. Repealed.

§ 33-21B-1 — 33-21B-9. Repealed.
History of Section.
P.L. 1979, ch. 118, § 4; Repealed by P.L. 1990, ch. 233, § 2, effective July 1, 1990.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-1. - Petitions in writing and signed — Notice to institution of petition concerning deceased inmate.

§ 33-22-1. Petitions in writing and signed — Notice to institution of petition concerning deceased inmate.
Every application, petition, or complaint to a probate court shall be in writing and signed by or in behalf of the party making the petition, and on the filing of certificate of death of an inmate of an institution maintained or controlled by the state, it shall be the duty of the clerk of the probate court to give written notice of the filing of the petition accompanying the same, to the commission, board, department, or division having the management or control of the institution.
History of Section.
C.P.A. 1905, § 764; G.L. 1909, ch. 309, § 1; G.L. 1923, ch. 360, § 1; P.L. 1930, ch. 1575, § 1; G.L. 1938, ch. 571, § 2; G.L. 1956, § 33-22-1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-2. - Contents of petition for probate or administration.

§ 33-22-2. Contents of petition for probate or administration.
Whenever any petition shall be filed for the probate of a will or for the first grant of original or ancillary administration in this state, the petitioner shall set forth under oath in the petition:
(1)
The title of the proceeding and the name and address of the petitioner.
(2)
The domicile of the decedent, together with any other facts upon which the jurisdiction of the probate court to which the petition is directed may depend.
(3)
So far as known to the petitioner:
(i)
The names and post office addresses of the surviving spouse and heirs at law. Provided, however, if no heirs at law are listed, the petitioner shall file an affidavit under oath setting forth what efforts the petitioner has made to locate heirs at law.
(ii)
If the person is under the age of eighteen (18) years, his or her age, post office address, and the names and post office addresses of his or her parents, or such of them as may be living, and of his or her guardian or guardians if any.
(iii)
If the person is an adjudged incompetent, the name and post office address of his or her guardian or guardians if any, and the name and post office address of the person or institution having the care or custody of the incompetent.
(iv)
If the petition is for the allowance of a will, it shall also contain the names and post office addresses of the named beneficiaries entitled to take there under to the extent that they are different than the heirs at law.
History of Section.
G.L. 1938, ch. 571, § 20; P.L. 1951, ch. 2742, § 1; P.L. 1952, ch. 3022, § 1; G.L. 1956, § 33-22-2; P.L. 1984, ch. 81, § 7; P.L. 1990, ch. 36, § 1; P.L. 2008, ch. 296, § 1; P.L. 2008, ch. 315, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-3. - Notice given by petitioner on filing of petition and hearing.

§ 33-22-3. Notice given by petitioner on filing of petition and hearing.
In addition to the notice prescribed by § 33-7-9, and to notice by publication in the manner as prescribed by § 33-22-11, the petitioner or his or her attorney shall, at least ten (10) days before the date set for hearing on the petition, send or cause to be sent by mail, postage prepaid, addressed to each person whose name and post office address is by § 33-22-2(3) required to be set forth in the petition, as the names and addresses are set forth therein or as then known to the petitioner, notice of the filing, the nature of the petition, and of the time and place set for hearing on the petition, or in lieu thereof a copy of the newspaper notice published pursuant to the provisions of § 33-22-11; provided, however, that in the case of any person entitled to notice hereunder whose post office address is outside the continental limits of the United States this notice shall be sent at least three (3) weeks before the date set for the hearing; and provided further that the petitioner or his or her attorney shall not be required to send this notice to any person sui juris who shall at, or prior to, the hearing waive notice of its pendency in writing either on the petition or by instrument separately filed. The petitioner or his or her attorney shall at or prior to the hearing file or cause to be filed an affidavit that the notice was given, setting forth the names and post office addresses of the persons to whom the notice was sent and the date of mailing of the notice, together with a copy of the notice.
History of Section.
G.L. 1938, ch. 571, § 21; P.L. 1951, ch. 2742, § 1; P.L. 1952, ch. 3022, § 1; G.L. 1956, § 33-22-3; P.L. 2012, ch. 241, art. 11, § 8; P.L. 2013, ch. 88, § 1; P.L. 2013, ch. 96, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-4. - Repealed.

§ 33-22-4. Repealed.
History of Section.
G.L. 1938, ch. 571, § 22; P.L. 1951, ch. 2742, § 1; P.L. 1952, ch. 3022, § 1; G.L. 1956, § 33-22-4; Repealed by P.L. 2014, ch. 351, § 1, effective July 2, 2014; P.L. 2014, ch. 398, § 1, effective July 2, 2014.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-5. - Waiver of notice.

§ 33-22-5. Waiver of notice.
If all interested parties shall, in writing, waive the notice required by § 33-22-3 and assent to action upon the petition by the court at any time, the court may proceed to hear the cause without publication or further notice and any decree entered in the proceeding shall be of the same force and effect as if notice had been given in the manner provided by this chapter.
History of Section.
G.L. 1938, ch. 571, § 23; P.L. 1951, ch. 2742, § 1; G.L. 1956, § 33-22-5; P.L. 2014, ch. 351, § 2; P.L. 2014, ch. 398, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-6. - Additional notice given — Failure to comply.

§ 33-22-6. Additional notice given — Failure to comply.
The notice prescribed by § 33-7-9 and the notice by publication in the manner as prescribed by § 33-22-11 shall also be given in all cases in which notice by mail is required by § 33-22-3, unless waived in writing by the persons entitled to such notice, but failure to comply with any of the provisions in §§ 33-22-2 and 33-22-3 shall not defeat the jurisdiction of the court or affect adversely the regularity of any proceedings in which the failure shall have occurred, and upon discovery of the failure the court may make such further orders as the circumstances may require.
History of Section.
G.L. 1938, ch. 571, § 24; P.L. 1951, ch. 2742, § 1; P.L. 1952, ch. 3022, § 1; G.L. 1956, § 33-22-6; P.L. 2014, ch. 351, § 2; P.L. 2014, ch. 398, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-7. - Proceedings in which notice given by court.

§ 33-22-7. Proceedings in which notice given by court.
(a)
Every probate court shall, before proceeding, give notice to all parties known to be interested in the following cases:
(1)
In the granting of letters of administration.
(2)
In the probate of a will.
(3)
In the appointment or approval of a conservator or guardian.
(4)
In any complaint for the removal of an executor, administrator, conservator, or guardian.
(5)
In the making of any decree upon the account of an executor, conservator, or guardian.
(6)
In any petition of an executor, administrator, conservator, or guardian for leave to sell real estate of the testator, intestate, or ward.
(7)
In setting off and allowing real estate in fee, or the proceeds of sale thereof, to a widow or surviving husband.
(b)
Nothing contained in this section shall be deemed to limit the court’s discretion to order whatever notice it considers appropriate given the circumstances of the matter before it and whose interests may be affected by the court’s action.
History of Section.
C.P.A. 1905, § 765; G.L. 1909, ch. 309, § 2; P.L. 1915, ch. 1260, § 1; P.L. 1918, ch. 1640, § 7; P.L. 1919, ch. 1787, § 2; G.L. 1923, ch. 360, § 2; G.L. 1938, ch. 571, § 3; P.L. 1939, ch. 659, § 2; G.L. 1956, § 33-22-7; P.L. 1992, ch. 315, § 1; P.L. 2014, ch. 351, § 2; P.L. 2014, ch. 398, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-8. - Repealed.

§ 33-22-8. Repealed.
History of Section.
C.P.A. 1905, § 766; G.L. 1909, ch. 309, § 3; P.L. 1918, ch. 1640, § 8; G.L. 1923, ch. 360, § 3; G.L. 1938, ch. 571, § 5; G.L. 1956, § 33-22-8; Repealed by P.L. 2014, ch. 351, § 1, effective July 2, 2014; P.L. 2014, ch. 398, § 1, effective July 2, 2014.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-9. - Notice of account containing credit for sale or mortgage of real estate.

§ 33-22-9. Notice of account containing credit for sale or mortgage of real estate.
Whenever the account of any executor, administrator or guardian contains a credit of the proceeds of any sale or mortgage of real estate, or of any interest therein, the notice given before the settling of this account shall state that the account contains the credit.
History of Section.
C.P.A. 1905, § 774; G.L. 1909, ch. 309, § 11; G.L. 1923, ch. 360, § 11; G.L. 1938, ch. 571, § 13; G.L. 1956, § 33-22-9.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-10. - Notice in discretion of court.

§ 33-22-10. Notice in discretion of court.
In all other cases in which notice is not required by law, the court may, in its discretion, before proceeding, order notice.
History of Section.
C.P.A. 1905, § 767; G.L. 1909, ch. 309, § 4; G.L. 1923, ch. 360, § 4; G.L. 1938, ch. 571, § 6; G.L. 1956, § 33-22-10.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-11. - Notice by advertisement.

§ 33-22-11. Notice by advertisement.
In all cases in which notice is required and special provision is not made for it, it shall be given by advertisement of a notice once a week for at least two (2) weeks, the first advertisement to be published at least fourteen (14) days before the first of any hearing dates contained in such notice, in a newspaper printed in English and published or previously published in the county and presently distributed in the city or town or in a newspaper having general circulation within the county in which the matter is to be acted upon, as the probate court by general rule or special order may designate for that purpose; provided, however, that when a probate court shall give, or order to be given, notice by advertisement in a newspaper that has furnished the court with a definite schedule of prices for this advertising, the court shall require the cost of the advertising to be paid to the clerk of the court in advance, and the court shall pay over each month to the newspaper the sums so paid in, upon proof that the notice has been advertised as ordered; provided, however, that any advertisement affecting probate matters in the town of New Shoreham shall be given in a newspaper printed in English and published or previously published in the county and presently distributed in the counties of Washington and/or Providence.
History of Section.
C.P.A. 1905, § 768; G.L. 1909, ch. 309, § 5; G.L. 1916, ch. 1357, § 1; G.L. 1923, ch. 360, § 5; G.L. 1938, ch. 571, § 7; P.L. 1947, ch. 1913, § 1; G.L. 1956, § 33-22-11; P.L. 1963, ch. 84, § 4; P.L. 1969, ch. 255, § 1; P.L. 2004, ch. 573, § 2; P.L. 2014, ch. 351, § 2; P.L. 2014, ch. 365, § 1; P.L. 2014, ch. 398, § 2; P.L. 2014, ch. 407, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-12. - Notice by service or mail.

§ 33-22-12. Notice by service or mail.
Notice may also be given, in addition to the foregoing, in any one of the following modes:
(1)
By causing a citation to be served, if within this state, by a deputy sheriff, town sergeant, or constable, and, if outside the state, by some disinterested person, upon all known parties interested, at least seven (7) days before proceeding. The citation shall give notice of the subject matter of the proceeding and of the time and place thereof, and shall be served by reading the citation to each of the parties or by leaving an attested copy of the citation with him or her or at his or her last and usual place of abode with some person living there. If service is made outside the state, the person making the service shall make return under oath of the manner in which, the time when, and the place where service was made.
(2)
By mailing notice to all persons interested whose post office addresses are known.
History of Section.
C.P.A. 1905, § 768; G.L. 1909, ch. 309, § 5; G.L. 1916, ch. 1357, § 1; G.L. 1923, ch. 360, § 5; G.L. 1938, ch. 571, § 7; G.L. 1956, § 33-22-12; P.L. 2012, ch. 324, § 63.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-13. - Advertisement in foreign language newspaper or other notice.

§ 33-22-13. Advertisement in foreign language newspaper or other notice.
The court may also, in addition to the foregoing modes, order notice by advertisement in a newspaper published in other than the English language, or in such other manner as the case may require.
History of Section.
C.P.A. 1905, § 769; G.L. 1909, ch. 309, § 6; G.L. 1923, ch. 360, § 6; G.L. 1938, ch. 571, § 8; G.L. 1956, § 33-22-13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-14. - Findings of court as to notice.

§ 33-22-14. Findings of court as to notice.
If it shall appear to the court, before proceeding, that notice has been given to all known parties interested, in accordance with the foregoing provisions, and in a manner satisfactory to the court, it shall be sufficient to warrant proceeding; and its findings as to notice, unless appealed from, shall be conclusive. Notice by telephone, facsimile, e-mail, or other electronic transmission may supplement, but shall not discharge any party’s obligation under this chapter to give notice by service or mail.
History of Section.
C.P.A. 1905, § 770; P.L. 1907, ch. 1461, § 1; G.L. 1909, ch. 309, § 7; G.L. 1923, ch. 360, § 7; G.L. 1938, ch. 571, § 9; G.L. 1956, § 33-22-14; P.L. 2007, ch. 158, § 1; P.L. 2007, ch. 257, § 1; P.L. 2014, ch. 351, § 2; P.L. 2014, ch. 398, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-15. - Dispensation with notice by assent of parties.

§ 33-22-15. Dispensation with notice by assent of parties.
The notice required by law in any proceeding in a probate court may be dispensed with if all parties entitled thereto assent in writing to the proceeding.
History of Section.
C.P.A. 1905, § 771; G.L. 1909, ch. 309, § 8; G.L. 1923, ch. 360, § 8; G.L. 1938, ch. 571, § 10; G.L. 1956, § 33-22-15.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-16. - Probate forms.

§ 33-22-16. Probate forms.
The legislative commission established under chapter 26 of this title shall prescribe the forms to be used by the probate courts and for the records thereof, which shall be printed, and furnished by the secretary of state or his or her designee to the clerks of the probate courts, to attorneys admitted to practice before the courts of this state, and to the public, without charge. All probate courts shall also furnish the forms without charge to parties and attorneys, and may require all parties to use them.
History of Section.
P.L. 1906, ch. 1310, § 1; G.L. 1909, ch. 321, § 44; G.L. 1923, ch. 372, § 43; G.L. 1938, ch. 574, § 6; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 33-22-16; P.L. 1969, ch. 35, § 1; P.L. 1970, ch. 49, § 1; P.L. 1988, ch. 218, § 1; P.L. 2001, ch. 339, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-17. - Representation of unborn, unascertained, and incompetent persons.

§ 33-22-17. Representation of unborn, unascertained, and incompetent persons.
When before or at the hearing on any proceeding in a probate court it appears to the court that the interest of a person unborn, unascertained, or legally incompetent to act in his or her own behalf, is not fully represented, the court may appoint some competent and disinterested person to act as guardian ad litem, or next friend, for the person unborn, unascertained, or legally incompetent, and to represent his or her interest in the case. The person so appointed shall make oath to perform his or her duty faithfully and impartially, and shall be entitled to such reasonable compensation, out of the estate, for his or her services, as the court may allow. In any action involving wills, estates, trusts or fiduciaries in the probate court, a minor, an incapacitated person or an unborn or unascertained person whose identity and location is unknown and not reasonably ascertainable, unless otherwise represented, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent that: (1) the person’s interest is adequately represented; and (2) there is no conflict of interest between the representative and the person represented.
History of Section.
C.P.A. 1905, § 779; G.L. 1909, ch. 309, § 16; G.L. 1923, ch. 360, § 16; G.L. 1938, ch. 571, § 18; G.L. 1956, § 33-22-17; P.L. 2004, ch. 573, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-18. - Administration of oaths.

§ 33-22-18. Administration of oaths.
Oaths required in proceedings in probate courts may be administered by the judge or clerk, in or out of court, or by a notary public or justice of the peace; and when administered out of court, a certificate thereof shall be returned and filed or recorded with the proceedings, but the judge may require any oath to be taken in open court.
History of Section.
C.P.A. 1905, § 776; G.L. 1909, ch. 309, § 13; G.L. 1923, ch. 360, § 13; G.L. 1938, ch. 571, § 15; G.L. 1956, § 33-22-18.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-19. - Repealed.

§ 33-22-19. Repealed.
History of Section.
C.P.A. 1905, § 775; G.L. 1909, ch. 309, § 12; G.L. 1923, ch. 360, § 12; G.L. 1938, ch. 571, § 14; G.L. 1956, § 33-22-19; Repealed by P.L. 2014, ch. 351, § 1, effective July 2, 2014; P.L. 2014, ch. 398, § 1, effective July 2, 2014.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-19.1. - Record of probate court proceedings.

§ 33-22-19.1. Record of probate court proceedings.
(a)
At the request of any party thereto, or at the request of the probate judge presiding thereat, any proceedings held in probate court shall be recorded by the probate clerk, by either electronic or stenographic means (the means utilized to be determined by the probate clerk), which means are reasonably designed to produce a true and accurate verbatim transcription of such proceedings.
(b)
This section shall not be construed to prohibit a party from privately recording or transcribing any probate court proceeding at his or her own expense, which private recording or transcript shall not be deemed part of the record of proceedings unless admitted by the probate court into evidence as an exhibit, ordered by the probate court or stipulated to by the parties. Nothing contained herein shall preclude a party from purchasing a transcript from the stenographer. This section shall not be construed as requiring a party to record or transcribe the proceeding in order to take an appeal to superior court.
(c)
No city or town shall be obligated to assist a party to produce a written or typed transcription from any proceeding other than in instances where an appeal is claimed pursuant to the provisions of § 33-23-1 et seq. In the event such an appeal is claimed, the appellant shall be responsible for all transcription costs. If the city or town utilizes electronic means to record proceedings, the probate clerk shall, upon request, provide the appellant’s stenographer with accommodations to transcribe the original tape recording on site or provide a true copy thereof to permit transcription off site. Physical possession of the original recording or transcription notes shall remain with the probate court unless otherwise ordered by the superior court. The written transcript and electronic recording shall be deemed a public record.
History of Section.
P.L. 1996, ch. 110, § 10; P.L. 2007, ch. 158, § 1; P.L. 2007, ch. 257, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-19.2. - Hearings in probate courts — Evidence and discovery.

§ 33-22-19.2. Hearings in probate courts — Evidence and discovery.
(a)
In uncontested matters and/or matters on waiver, the Rhode Island Rules of Evidence adopted by the supreme court, may be used as a guide, but need not be followed, for the admission or exclusion of evidence.
(b)
In all contested matters, the Rhode Island Rules of Evidence shall be applied; provided, however, that this section shall not prohibit parties from stipulating or waiving the requirements of the Rules of Evidence as to any particular matter.
(c)
In all contested matters, the Rhode Island Superior Court Rules of Civil Procedure may be applied. The probate court may limit the scope of discovery to what is relevant to the contested issue before it and may shorten or enlarge deadlines for compliance as the circumstances warrant.
(d)
In all matters, the probate court shall have the jurisdiction and discretion to compel discovery, award costs and fees, impose sanctions and otherwise to enforce its orders consistent with Rule 37 of the Rhode Island Superior Court Rules of Civil Procedure.
History of Section.
P.L. 1996, ch. 110, § 10; P.L. 2007, ch. 158, § 1; P.L. 2007, ch. 257, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-20. - Deposit of money paid into registry.

§ 33-22-20. Deposit of money paid into registry.
Whenever money is directed to be paid into the registry of the probate court, the court shall forthwith deposit the money in one of the institutions for savings or in one of the trust companies of this state. This deposit shall be made in the name of the probate court and shall be subject to the order of the court.
History of Section.
C.P.A. 1905, § 780; G.L. 1909, ch. 309, § 17; G.L. 1923, ch. 360, § 17; G.L. 1938, ch. 571, § 19.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-22. - Fees excused on veterans’ guardianships.

§ 33-22-22. Fees excused on veterans’ guardianships.
No probate fees shall be charged in any estate where the appointment of a guardian is for the purpose of receiving benefits of the laws administered by the United States veterans administration.
History of Section.
G.L. 1909, ch. 321, § 40; G.L. 1923, ch. 372, § 39; G.L. 1938, ch. 574, § 2; P.L. 1945, ch. 1595, § 1; G.L. 1956, § 33-22-22.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-23. - Repealed.

§ 33-22-23. Repealed.
History of Section.
P.L. 1907, ch. 1464, § 2; G.L. 1909, ch. 321, § 41; G.L. 1923, ch. 372, § 40; G.L. 1938, ch. 574, § 3; G.L. 1956, § 33-22-23; Repealed by P.L. 2014, ch. 351, § 1, effective July 2, 2014; P.L. 2014, ch. 398, § 1, effective July 2, 2014.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-24. - Repealed.

§ 33-22-24. Repealed.
History of Section.
P.L. 1907, ch. 1464, § 3; G.L. 1909, ch. 321, § 42; G.L. 1923, ch. 372, § 41; G.L. 1938, ch. 574, § 4; G.L. 1956, § 33-22-24; Repealed by P.L. 1977, ch. 246, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-25. - Payment of fees into local treasury — Power to provide for fixed salaries.

§ 33-22-25. Payment of fees into local treasury — Power to provide for fixed salaries.
Any city council, or any town at the annual town meeting, may provide for the payment into the city or town treasury of all fees allowed the probate court or probate clerk, or both, and may allow in lieu of a fee a salary for the town council, probate judge, or probate clerk for their services.
History of Section.
P.L. 1907, ch. 1464, § 4; G.L. 1909, ch. 321, § 43; G.L. 1923, ch. 372, § 42; G.L. 1938, ch. 574, § 5; G.L. 1956, § 33-22-25.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-26. - Cost and fees in contested and appealed cases — Persons deemed parties of record.

§ 33-22-26. Cost and fees in contested and appealed cases — Persons deemed parties of record.
In cases contested before a probate court or on appeal from the probate court, costs and reasonable attorneys’ fees in the discretion of the court may be awarded to either party to be paid by the other, or to either or both parties to be paid out of the estate which is the subject of the controversy, as justice may require. Any person petitioning or objecting to a petition shall be deemed to be a party of record in the matter in which he or she appears.
History of Section.
C.P.A. 1905, § 777; G.L. 1909, ch. 309, § 14; G.L. 1923, ch. 360, § 14; G.L. 1938, ch. 571, § 16; G.L. 1956, § 33-22-26; P.L. 2007, ch. 158, § 1; P.L. 2007, ch. 257, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-27. - Execution for cost and fees.

§ 33-22-27. Execution for cost and fees.
When costs and/or fees are awarded to be paid by one party to the other pursuant to § 33-22-26, the probate court may issue execution for costs in like manner as a court of common law.
History of Section.
C.P.A. 1905, § 778; G.L. 1909, ch. 309, § 15; G.L. 1923, ch. 360, § 15; G.L. 1938, ch. 571, § 17; G.L. 1956, § 33-22-27; P.L. 2007, ch. 158, § 1; P.L. 2007, ch. 257, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-28. - Name change.

§ 33-22-28. Name change.
In every petition for change of name in the probate court, the judge shall grant or deny the petition without consideration of presence or absence of spousal consent.
History of Section.
P.L. 1991, ch. 63, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-29. - Local rules of probate court.

§ 33-22-29. Local rules of probate court.
The probate court of each city or town shall promulgate local administrative rules designed to facilitate the efficient discharge of the statutory duties of such court; provided, however, that no such local administrative rule shall expand, contract or otherwise vary any specific provision of title 33 or any other provision of the General Laws. Such local administrative rules shall include the following: the dates and times when the court is in session; procedures for docketing of cases at hearings of the court; the scheduling of special sessions; and deadlines for the submission of pleadings or other filings. Such local administrative rules shall be clearly posted in the office of the probate clerk and copies of such rules shall be available to any interested party from the probate clerk.
History of Section.
P.L. 1996, ch. 110, § 10.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-30. - Probate court docket and special sessions.

§ 33-22-30. Probate court docket and special sessions.
Dockets of matters at regular sessions of the probate court shall be prepared by the clerk and heard by the court in such a way as to ensure that formal and uncontested matters are heard before contested matters. The probate court may hold such additional special sessions as reasonably necessary to hear contested matters without additional fees or charges therefor.
History of Section.
P.L. 1996, ch. 110, § 10.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-22 - Practice in Probate Courts › Section 33-22-31. - Form of order and decree.

§ 33-22-31. Form of order and decree.
(a)
Every decision of a probate court shall be reduced to a written order or decree, promptly executed by the probate judge, entered and filed in a timely fashion by the probate clerk. No party can rely upon any action, inaction or instructions of the probate court nor take an appeal from any decision of the probate court that has not been reduced to a written order or decree duly executed by the probate judge.
(b)
If a form of order or decree is not available for execution by the probate judge at the time of hearing, the court shall require the prevailing party to submit a proposed form of order or decree by regular mail to all parties who have entered an appearance in the matter. Absent written objection setting forth the reason for such objections by any such party within seven (7) days after mailing, the prevailing party shall file the original thereof with the probate court. Such order or decree shall contain a certificate that notice has been given pursuant to this subsection.
(c)
For all purposes, the effective date of an order or decree is the date executed by the probate judge and not the date of hearing.
History of Section.
P.L. 1996, ch. 110, § 10.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-2. - Suspension of order or decree pending appeal.

§ 33-23-2. Suspension of order or decree pending appeal.
If an appeal is claimed from an order or decree of a probate court, the operation of the order or decree shall be suspended, except as otherwise provided in this chapter, until the appeal is dismissed or discontinued, or the order or decree shall be finally affirmed.
History of Section.
C.P.A. 1905, § 806; G.L. 1909, ch. 311, § 11; G.L. 1923, ch. 362, § 11; G.L. 1938, ch. 573, § 11; G.L. 1956, § 33-23-2; P.L. 2007, ch. 158, § 2; P.L. 2007, ch. 257, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions › Section 33-23-3. - Effect of appeal from granting of letters.

§ 33-23-3. Effect of appeal from granting of letters.
If an appeal is claimed from a decree of a probate court granting letters testamentary, of administration, of administration with the will annexed, or of guardianship, the executor, administrator, administrator with the will annexed, or guardian, on giving bond as by law required, file an inventory and collect, receive, and take possession of all the rights, credits, and estates of the testator, intestate, or ward, as if no appeal had been claimed. All claims against the estate of the deceased or ward shall be filed within the time prescribed by law, and the executor, administrator, or guardian may, under the direction of the probate court, do such acts as the law requires concerning claims; and all limitations in regard to claims shall apply as if no appeal had been claimed.
History of Section.
C.P.A. 1905, § 807; G.L. 1909, ch. 311, § 12; G.L. 1923, ch. 362, § 12; G.L. 1938, ch. 573, § 12; G.L. 1956, § 33-23-3; P.L. 1996, ch. 110, § 13; P.L. 2007, ch. 158, § 2; P.L. 2007, ch. 257, § 2.