reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-27. - Contribution by pretermitted issue to payment of debts.

§ 33-6-27. Contribution by pretermitted issue to payment of debts.
When a posthumous child, or a child, or the issue of a child, omitted in the testator’s will, takes under § 33-6-23 a portion of the estate of a testator, that portion of the estate shall, for all purposes of §§ 33-6-25 and 33-6-26, be considered as if it had been devised or bequeathed to that child or other descendant; and he or she shall be bound to contribute with the devisees and legatees, and shall be entitled to claim contribution from them, as provided in §§ 33-6-25 and 33-6-26.
History of Section.
G.L. 1896, ch. 203, § 27; G.L. 1909, ch. 254, § 27; G.L. 1923, ch. 298, § 27; P.L. 1931, ch. 1754, § 5; G.L. 1938, ch. 566, § 26; G.L. 1956, § 33-6-27.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-28. - Death or insolvency of beneficiary liable to contribution for debts.

§ 33-6-28. Death or insolvency of beneficiary liable to contribution for debts.
When a person liable to contribute according to the provisions of §§ 33-6-25 to 33-6-27 is insolvent or unable to pay his or her just proportion of the contribution required, the other persons liable to contribute shall be severally liable for the loss occasioned by the insolvency, each one in proportion to the value of the property received by him or her from the estate of the deceased; and if a person so liable dies without having paid his or her proportion, his or her executors and administrators shall be liable therefor in like manner as if it had been his or her proper debt and to the extent to which he or she would have been liable if living.
History of Section.
G.L. 1896, ch. 203, § 28; G.L. 1909, ch. 254, § 28; G.L. 1923, ch. 298, § 28; G.L. 1938, ch. 566, § 27; G.L. 1956, § 33-6-28.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-29. - Repealed.

§ 33-6-29. Repealed.
History of Section.
G.L. 1896, ch. 203, § 29; G.L. 1909, ch. 254, § 29; G.L. 1923, ch. 298, § 29; G.L. 1938, ch. 566, § 28; Repealed by P.L. 1995, ch. 323, § 25, effective July 5, 1995.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-30. - Partial intestacy.

§ 33-6-30. Partial intestacy.
All real and personal property, not devised or bequeathed in the last will and testament of any person shall be distributed in the same manner as if the person had died intestate.
History of Section.
G.L. 1896, ch. 203, § 30; G.L. 1909, ch. 254, § 30; G.L. 1923, ch. 298, § 30; G.L. 1938, ch. 566, § 29; G.L. 1956, § 33-6-30.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-31. - Passage of title by will — Recording.

§ 33-6-31. Passage of title by will — Recording.
Title to real or personal property shall pass by will when the will has been finally proved; provided, however, that title to real estate situated in any town or city of this state other than that in which the will is proved shall not pass by will for the purpose of conveyance by the devisee until, in addition to probate, a copy of the will as proved, duly certified by the probate clerk, is recorded in the records of land evidence in that other town or city. Any foreign will shall be recorded as provided in §§ 33-7-18 — 33-7-22, and when finally allowed, shall operate to pass title to all lands in that town or city where the will is duly recorded, and in any other town or city in which a duly certified copy thereof has been recorded in the records of land evidence in that town or city and not otherwise; provided, however, that when any will is duly proved, or proved and recorded, title to lands as devised thereby shall relate back to the date of the death of the testator.
History of Section.
G.L. 1896, ch. 203, § 42; C. P. A. 1905, § 1140; G.L. 1909, ch. 254, § 42; G.L. 1923, ch. 298, § 42; G.L. 1938, ch. 566, § 41; G.L. 1956, § 33-6-31.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-32. - Filing of original wills.

§ 33-6-32. Filing of original wills.
Original wills shall be kept on file in the probate court where they were proved, and shall only be taken from the files by order of the court or under the provisions of statutes now or hereafter in force.
History of Section.
G.L. 1896, ch. 203, § 43; G.L. 1909, ch. 254, § 43; G.L. 1923, ch. 298, § 43; G.L. 1938, ch. 566, § 42; G.L. 1956, § 33-6-32.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-33. - Gifts to trustee of existing trust.

§ 33-6-33. Gifts to trustee of existing trust.
A devise, bequest, or appointment in a will validly executed under the provisions of this chapter may be made in form or substance to the trustee or trustees of a trust in writing executed by the testator or any other person or persons prior to and in existence at the time of the execution of the will, and identified in the will, whatever the size or character of the corpus of the trust (including an unfounded life insurance trust, although the settlor has reserved any or all rights of ownership in the insurance policies). A devise, bequest, or appointment shall not be invalid because the trust is amendable or revocable, or both, by the settlor or any other person or persons; nor because the trust instrument or any amendment thereto was not executed in the manner required for wills; nor because the trust was amended after the execution of the will. Unless the will provides otherwise, the property so devised, bequeathed or appointed shall not be deemed held under a testamentary trust, but shall become and be a part of the principal of the trust to which it is given to be administered and disposed of in accordance with the terms and provisions of the trust to which it is given, including any amendments, as it appears in writing at the death of the testator. In the event of complete termination of the trust prior to the testator’s death, the devise or bequest shall lapse and the appointment fail unless the will directs otherwise.
History of Section.
G.L., § 33-6-33, as enacted by P.L. 1959, ch. 74, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-1 - — 33-7-4. Repealed.

§ 33-7-1 — 33-7-4. Repealed.
History of Section.
C.P.A. 1905, §§ 781-784; G.L. 1909, ch. 310, §§ 1-4; G.L. 1923, ch. 361, §§ 1-4; G.L. 1938, ch. 572, §§ 1-4; P.L. 1939, ch. 659, § 2; P.L. 1977, ch. 246, § 1; P.L. 1986, ch. 324, § 1; Repealed by P.L. 2008, ch. 306, § 1, effective December 31, 2008.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-5. - Duty of person in possession of will to deliver into court.

§ 33-7-5. Duty of person in possession of will to deliver into court.
(a)
Every person, other than a probate clerk, who has custody of a will shall, within thirty (30) days after notice of the death of the testator, deliver the will into the probate court which has jurisdiction of the probate thereof, or to the executors named in the will, who shall themselves deliver it into court within thirty (30) days after they receive the will; and if any executor or other person neglects, without reasonable cause, to deliver a will, after being duly cited for that purpose by the court, he or she may be adjudged to be in contempt and may be committed therefor to the adult correctional institutions and shall remain there until he or she delivers the will to the court; and he or she shall be further liable, to any party aggrieved, for the damage sustained by reason of the neglect.
(b)
Provided further, that a fiduciary nominated in a will may deliver such will to the probate court with an affidavit containing the following information, representations, and documentation:
(1)
The date of death of the decedent accompanied by a certified copy of the decedent’s death certificate;
(2)
A representative that the funeral bill of the decedent has been paid, accompanied by a receipt therefor;
(3)
The names and addresses of the heirs-at-law of the decedent at the decedent’s date of death; and
(4)
A representation that the affiant has received no notice of the issuance of letters testamentary or letters of administration regarding the estate of the decedent, and that there are no assets of the decedent subject to probate. Upon receipt of such will and affidavit the probate clerk, upon being paid a fee of thirty dollars ($30.00), shall receive and keep the will and accompanying affidavit and shall give a receipt of the deposit thereof.
History of Section.
C.P.A. 1905, § 785; G.L. 1909, ch. 310, § 5; G.L. 1923, ch. 361, § 5; G.L. 1938, ch. 572, § 5; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 33-7-5; P.L. 1998, ch. 448, § 3; P.L. 2011, ch. 363, § 5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-6. - Investigation of alleged concealment of will.

§ 33-7-6. Investigation of alleged concealment of will.
Upon complaint under oath, made to a probate court, by a person claiming to be interested in the estate of a person deceased against any one suspected of retaining, concealing, or conspiring with others to retain or conceal a will or testamentary instrument of the deceased, the court may cite the suspected person to appear before it and be examined under oath about the complaint. Upon examination, all interrogatories and answers shall be in writing, signed by the party examined, and shall be filed in the court. If the person cited refuses to appear and submit to examination, or to answer the interrogatories that are lawfully propounded to him or her, or to obey any lawful order of the court, he or she may be adjudged to be in contempt and may be committed to the adult correctional institutions, there to remain until he or she submits to the order of court. On the complaint, the court may, in its discretion, award costs to be paid by either party, and may issue execution therefor.
History of Section.
C.P.A. 1905, § 786; G.L. 1909, ch. 310, § 6; G.L. 1923, ch. 361, § 6; G.L. 1938, ch. 572, § 6; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 33-7-6.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-7. - Penalty for theft, destruction, or concealment of will.

§ 33-7-7. Penalty for theft, destruction, or concealment of will.
Any person who shall either during the life of the testator or after his or her death steal or for any fraudulent purpose destroy or conceal any will or other testamentary instrument, either before or after probate, shall be imprisoned in the adult correctional institutions for a term of not more than five (5) years, and in any complaint, information, or indictment for the offense it shall not be necessary to allege that the will, codicil, or other instrument is the property of any person or that it is of any value.
History of Section.
C.P.A. 1905, § 789; G.L. 1909, ch. 310, § 9; G.L. 1923, ch. 361, § 9; G.L. 1938, ch. 572, § 9; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 33-7-7.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-7.1. - Disposition of documents intended as last wills and testaments in the possession of the probate courts.

§ 33-7-7.1. Disposition of documents intended as last wills and testaments in the possession of the probate courts.
The several city and town probate courts within the state are hereby authorized and directed to return all documents in their possession intended as last wills and testaments and accepted in accordance with the provisions of this chapter as follows:
(1)
A notice, by certified mail, shall be sent to each testator, and/or person designated to receive the will upon death, including the drafting attorney, if known, at the last known address of each, indicating that the probate courts are no longer required to maintain custody of such documents and that the documents are available for return upon execution of the appropriate receipt.
(2)
The probate courts shall not be required to retain further possession of such documents for a period not to exceed twelve (12) months following the issuance of the certified mail notice.
History of Section.
P.L. 2008, ch. 306, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-8. - Proof of will of nonresident.

§ 33-7-8. Proof of will of nonresident.
The will, duly executed, of any person who resides outside the state at the time of his or her death, may be proved before the probate court of any town where any property is situated upon which the will may operate.
History of Section.
C.P.A. 1905, § 788; G.L. 1909, ch. 310, § 8; G.L. 1923, ch. 361, § 8; G.L. 1938, ch. 572, § 8; G.L. 1956, § 33-7-8.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-9. - Notice to executors of petition for probate.

§ 33-7-9. Notice to executors of petition for probate.
If any of the executors named in a will are not parties to a petition for probate, the clerk of the probate court, upon probate of the will, shall forthwith notify by mail the executors who are not parties and whose post office addresses are known or can be ascertained.
History of Section.
C.P.A. 1905, § 816; G.L. 1909, ch. 312, § 2; G.L. 1923, ch. 363, § 2; G.L. 1938, ch. 571, § 4; G.L. 1956, § 33-7-9.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-10. - Proof of wills when subscribing witnesses unavailable.

§ 33-7-10. Proof of wills when subscribing witnesses unavailable.
Whenever it shall appear to a probate court, before which a purported will has been presented for probate, and whenever it shall appear to the superior court, before which a petition for probate of a will is pending on appeal, that a will cannot be proven as otherwise provided by law because one or more of the subscribing witnesses to the will, at the time the will is offered for probate, are serving in or present with the armed forces of the United States, or serving as merchant sailors, or are dead, or mentally or physically incapable of testifying, or otherwise are unavailable in the course of their service, the court may admit the will to probate upon the testimony in person or by deposition of at least two (2) credible disinterested witnesses that the signature to the will is in the handwriting of the person whose will it purports to be, or upon other sufficient proof of the handwriting. The foregoing provision shall not preclude the court, in its discretion, from requiring in addition, the testimony in person, or by deposition, of any available subscribing witness, or proof of such other important facts and circumstances as the court may deem necessary to admit the will to probate.
History of Section.
P.L. 1944, ch. 1420, § 1; G.L. 1956, § 33-7-10.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-11. - Provisions of § 33-7-10 supplemental.

§ 33-7-11. Provisions of § 33-7-10 supplemental.
The provisions of § 33-7-10, and the authority therein granted, shall be deemed to be supplemental to, and not in derogation of, the authority of the probate court and the superior court to act upon petitions for the probating of wills.
History of Section.
P.L. 1944, ch. 1420, § 2; G.L. 1956, § 33-7-11.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-12. - Compromise of controversies pending probate.

§ 33-7-12. Compromise of controversies pending probate.
The superior court may authorize the persons named as executors in an instrument purporting to be the last will of a deceased person, or the administrator with the will annexed, at any time before a final decree approving the instrument as the last will of the deceased person is entered, to adjust by compromise all controversies that may exist or arise concerning the will.
History of Section.
C.P.A. 1905, § 832; G.L. 1909, ch. 312, § 18; G.L. 1923, ch. 363, § 18; G.L. 1938, ch. 575, § 16; G.L. 1956, § 33-7-12.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-13. - Action to confirm compromise.

§ 33-7-13. Action to confirm compromise.
When the executors or administrators with the will annexed have in writing compromised any controversy as provided in § 33-7-12, they, or any party thereto, may file a civil action in the superior court for the county in which the will is pending for probate, praying the court to authorize and confirm the compromise. In this action the persons named as executors, or the administrator with the will annexed, and all persons claiming under the will whose interest will, in the opinion of the court, be affected by the proposed compromise, and those entitled to the estate as intestate, shall be parties.
History of Section.
C.P.A. 1905, § 833; G.L. 1909, ch. 312, § 19; G.L. 1923, ch. 363, § 19; G.L. 1938, ch. 575, § 17; G.L. 1956, § 33-7-13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-14. - Representation of parties under disability.

§ 33-7-14. Representation of parties under disability.
If a person under legal disability is a necessary party to a civil action, he or she shall be represented by his or her guardian, or by a guardian ad litem appointed by the court, who shall, in the name and in behalf of the party he or she represents, make and receive all proper conveyances and payments necessary to carry into effect any compromise sanctioned by the court.
History of Section.
C.P.A. 1905, § 834; G.L. 1909, ch. 312, § 20; G.L. 1923, ch. 363, § 20; G.L. 1938, ch. 575, § 18; G.L. 1956, § 33-7-14.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-15. - Representation of contingent interests and charitable gifts.

§ 33-7-15. Representation of contingent interests and charitable gifts.
If it shall appear to the court that any future contingent interests which would arise under the will, if admitted to probate, would be affected by the compromise, the court shall appoint some suitable person or persons to represent those interests in the proceedings. The court shall have like powers as to any gifts made in the will for charitable purposes if there is no trustee who can act.
History of Section.
C.P.A. 1905, § 835; G.L. 1909, ch. 312, § 21; G.L. 1923, ch. 363, § 21; G.L. 1938, ch. 575, § 19; G.L. 1956, § 33-7-15.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-16. - Decree confirming compromise.

§ 33-7-16. Decree confirming compromise.
The compromise, if found by the court under the circumstances to be just and reasonable in relation to the parties in being, and in its effect upon any future contingent interests that might arise under the will, and to any gifts to charities made in the will, shall be confirmed by decree of the court and shall be valid and binding upon the contingent interests and gifts as well as upon the interests of all persons in being who are parties to the compromise.
History of Section.
C.P.A. 1905, § 836; G.L. 1909, ch. 312, § 22; G.L. 1923, ch. 363, § 22; G.L. 1938, ch. 575, § 20; G.L. 1956, § 33-7-16.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-17. - Certification of decree and compromise.

§ 33-7-17. Certification of decree and compromise.
If the probate of the will in a case is pending on appeal in the superior court, the court may prove and allow the will, and the clerk of court shall certify and transmit for record copies of the decree admitting the will to probate, and copies of the compromise and the decree of the court approving the compromise, to the clerk of the court appealed from; and if the probate of the will is pending in the probate court, the clerk of the superior court shall certify and transmit for record to the clerk of the probate court copies of the compromise and the decree approving the compromise; and thereupon the probate court may admit the will to probate. The estate of the deceased person shall be administered and disposed of according to the provisions of the will as modified by the compromise.
History of Section.
C.P.A. 1905, § 837; G.L. 1909, ch. 312, § 23; G.L. 1923, ch. 363, § 23; G.L. 1938, ch. 575, § 21; G.L. 1956, § 33-7-17.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-18. - Request to record foreign probated will.

§ 33-7-18. Request to record foreign probated will.
Whenever the executor or any other person interested in any will, which has been finally proved and allowed in a probate court in any territory, district, or state of the United States, or in a probate court in any foreign country, shall produce a copy of the will and of the will’s probate, duly authenticated according to an act of congress, to any probate court in any town or city in this state where the testator had property, real or personal, upon which the will may operate, and shall in writing request that the will may be filed and recorded in the office of the probate clerk in that town or city, the court shall assign a time and place for a hearing.
History of Section.
C.P.A. 1905, § 790; G.L. 1909, ch. 310, § 10; G.L. 1923, ch. 361, § 10; G.L. 1938, ch. 572, § 10; G.L. 1956, § 33-7-18.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-19. - Notice of offer of foreign will.

§ 33-7-19. Notice of offer of foreign will.
Upon the request to record a foreign probated will, the court shall cause notice thereof to be given in the same manner as if the will was presented to the court for probate, so that any person may appear and show cause why the copy should not be filed and recorded.
History of Section.
C.P.A. 1905, § 791; G.L. 1909, ch. 310, § 11; G.L. 1923, ch. 361, § 11; G.L. 1938, ch. 572, § 11; G.L. 1956, § 33-7-19.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-20. - Order approving foreign will — Effect on real estate titles.

§ 33-7-20. Order approving foreign will — Effect on real estate titles.
If, at the hearing, no sufficient cause is shown to the contrary, the court may order the copy to be placed on file and recorded; provided, however, that, as to real estate in towns other than that in which the copy is filed and recorded, the title shall not pass, for the purposes of conveyance by the devisee, until a certified copy is recorded in the records of land evidence in any other town or city in which any real estate is situated; and provided, further, that when any copy is duly filed and recorded as aforesaid, title to lands devised by the will shall relate back to the death of the testator.
History of Section.
C.P.A. 1905, § 792; G.L. 1909, ch. 310, § 12; G.L. 1923, ch. 361, § 12; G.L. 1938, ch. 572, § 12; G.L. 1956, § 33-7-20.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-21. - Effect of recording of foreign will — Granting of letters.

§ 33-7-21. Effect of recording of foreign will — Granting of letters.
Whenever a copy of any will which has been finally proved and allowed in any probate court in any territory, district, or state of the United States, or in any foreign country, shall be finally ordered to be filed and recorded in a probate court in this state pursuant to §§ 33-7-18 to 33-7-20, the filing and recording of the will shall be of the same force and effect as if the will had been originally proved and allowed in this state, subject to the provisos in § 33-7-20; and the probate court in which the copy of the foreign will is ordered to be filed and recorded may grant letters testamentary to the named executor, or letters of administration with the will annexed to a person as the court may deem fit, taking bond from the executor or person as in case of a will proved and allowed in the probate court.
History of Section.
C.P.A. 1905, § 793; G.L. 1909, ch. 310, § 13; G.L. 1923, ch. 361, § 13; G.L. 1938, ch. 572, § 13; G.L. 1956, § 33-7-21.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-22. - Proof of foreign will not required to be probated in domicile.

§ 33-7-22. Proof of foreign will not required to be probated in domicile.
A person interested in a will which is operative without probate by the laws of the state or country where the testator had his or her domicile at the time of his or her death may produce to the probate court of any town in this state in which there is any property, real or personal, on which the will may operate, a copy of the will and of the official record, duly authenticated according to act of congress, and the court shall assign a time and place for a hearing and cause notice to be given as in the case of a will offered for probate. If at such hearing the court finds, from the copies before it and any additional proof as to the authenticity and execution of the will, that the instrument ought to be allowed in this state as the last will of the deceased, it shall order the copy to be filed and recorded, and the will shall then have the same effect as if it had been originally proved and allowed in this state.
History of Section.
C.P.A. 1905, § 794; G.L. 1909, ch. 310, § 14; G.L. 1923, ch. 361, § 14; G.L. 1938, ch. 572, § 14; G.L. 1956, § 33-7-22.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-23. - Probate conclusive as to execution.

§ 33-7-23. Probate conclusive as to execution.
The final probate of a will by the probate court, or on appeal, shall be conclusive as to its due execution.
History of Section.
C.P.A. 1905, § 787; G.L. 1909, ch. 310, § 7; G.L. 1923, ch. 361, § 7; G.L. 1938, ch. 572, § 7; G.L. 1956, § 33-7-23.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-24. - Taking of will from files of court — Copy retained — Proof of copy on loss of original.

§ 33-7-24. Taking of will from files of court — Copy retained — Proof of copy on loss of original.
The probate court in which an original will has been duly proved, allowed, and recorded may, after the expiration of the time within which an appeal may be taken from the decree admitting the will to probate, upon the petition of the executor, or of a legatee named in the will, or of any person interested in the estate of the testator, and after any notice the court may require and a hearing thereon, permit the original will, if it appears to be necessary for the purpose, to be taken from the files of the court and to be used in another state, territory, district or foreign country, for the purpose of establishing the right or title of the executor, legatee or person to the estate of the testator in the other state, territory, district or foreign country, upon the terms and conditions as the court may prescribe. Likewise, before probate, an instrument purporting to be a last will may be annexed to a commission for taking depositions in proof of the same, in this or any other state, territory, district or foreign country; a photographic copy of the instrument, duly certified, being retained on the files of the court. From any order of the court granting permission, for annexing a will to a commission as provided above, no appeal shall lie. In case the original will is lost, on proof of loss, the copy may be proved in the same manner and shall have the same effect as the original.
History of Section.
C.P.A. 1905, § 795; G.L. 1909, ch. 310, § 15; G.L. 1923, ch. 361, § 15; G.L. 1938, ch. 572, § 15; G.L. 1956, § 33-7-24.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-25. - Original probate of foreign wills.

§ 33-7-25. Original probate of foreign wills.
(a)
The will of a nondomiciliary which upon probate may operate upon any property in the state and which is executed in the same manner as is prescribed for the execution of wills of Rhode Island residents under the laws of this state may be admitted to original probate in any probate court of this state in the same manner as any other will.
(b)
A will which has been admitted to probate or established in the testator’s domicile shall not later be admitted to original probate in this state except:
(1)
In a case where the court is satisfied that ancillary probate would be unduly expensive, inconvenient, or impossible under the circumstances;
(2)
Where the testator has directed in the will that it shall be offered for probate in this state; or
(3)
Where the laws of the testator’s domicile discriminate against domiciliaries of this state either as a beneficiary or as a fiduciary.
(c)
A will which by judgment or decree of a court of competent jurisdiction in the testator’s domicile has been denied probate or establishment shall not be admitted in this state except where denial of probate or establishment is solely for a cause which is not grounds for rejection of a will of a testator domiciled in this state.
History of Section.
P.L. 1978, ch. 151, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-7 - Custody and Probate of Wills › Section 33-7-26. - Proof of purported will or codicil.

§ 33-7-26. Proof of purported will or codicil.
In the absence of objection by anyone interested in the estate of a deceased person, the probate court may admit to probate a purported will or codicil of the deceased person upon oral testimony or affidavit in the following manner:
(1)
The oral testimony of any one of the subscribing witnesses as to the due execution of any purported will or codicil shall constitute sufficient evidence thereof.
(2)
An affidavit by the subscribing witnesses or any one or more of them, to any purported will or codicil, executed at any time after execution of the will or codicil, whether before or after the death of the testator, before any officer authorized to administer oaths in or out of this state, stating the facts as the witnesses or witness would be required to testify to in court to prove the will or codicil, shall constitute sufficient evidence of the due execution of the purported will or codicil.
(3)
An affidavit substantially in the form that follows shall be deemed to meet the requirements of subdivision (2) of this section:
STATE OF
COUNTY OF
In .......... on this ....... day of ....... , 20 ..... , before me personally appeared the undersigned, who, being duly sworn, depose and say that: they witnessed the execution of the will (codicil) of ........ ; that the signature to the will (codicil) is in the handwriting of the testator or was made by some other person for the testator, in the testator's presence and by the testator's express direction; that the testator so subscribed the will (codicil) and declared the same to be his last will (a codicil to his last will) in their presence; that they thereafter subscribed the same as witnesses in the presence of the testator and in the presence of each other; that at the time of execution of the will (codicil) the testator appeared to be of sound mind and eighteen (18) years of age or over; and that the signatures of the witnesses on the will are genuine.
........................................
........................................
Subscribed and sworn to before me on the day and date first above written,
........................................
Notary public
History of Section.
P.L. 1979, ch. 146, § 1; P.L. 1980, ch. 133, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-8 - Appointment and Qualification of Executors and Administrators › Section 33-8-1. - Grant of letters to executor named in will.

§ 33-8-1. Grant of letters to executor named in will.
Upon the probate of a will the probate court shall issue letters testamentary thereon to the executor named therein, if he or she is legally competent, and if he or she gives bond as by law required.
History of Section.
C.P.A. 1905, § 815; G.L. 1909, ch. 312, § 1; G.L. 1923, ch. 363, § 1; G.L. 1938, ch. 571, § 1; G.L. 1956, § 33-8-1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-8 - Appointment and Qualification of Executors and Administrators › Section 33-8-2. - Minority of named executor.

§ 33-8-2. Minority of named executor.
If a person named as executor in a will is at the time of the probate thereof under the age of eighteen (18) years, the other executor or executors, if any qualify, shall administer the estate until the minor arrives at full age, when, upon qualifying, he or she may be admitted as a joint executor of the will. If no other executor shall qualify, administration may be granted with the will annexed during the minority of the person named as executor and until he or she shall qualify.
History of Section.
C.P.A. 1905, § 817; G.L. 1909, ch. 312, § 3; G.L. 1923, ch. 363, § 3; G.L. 1938, ch. 575, § 1; G.L. 1956, § 33-8-2; P.L. 1984, ch. 81, § 6.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-8 - Appointment and Qualification of Executors and Administrators › Section 33-8-3. - Neglect to present will for probate.

§ 33-8-3. Neglect to present will for probate.
If a person named as executor in a will and having possession thereof neglects or refuses to present the will for probate within thirty (30) days after the decease of the testator, or within thirty (30) days after he or she has knowledge that he or she is so named, that neglect or refusal shall be deemed a declination of the office by the executor.
History of Section.
C.P.A. 1905, § 818; G.L. 1909, ch. 312, § 4; G.L. 1923, ch. 363, § 4; G.L. 1938, ch. 575, § 2; G.L. 1956, § 33-8-3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-8 - Appointment and Qualification of Executors and Administrators › Section 33-8-4. - Grant of letters or administration on incompetence or failure of named executor to qualify.

§ 33-8-4. Grant of letters or administration on incompetence or failure of named executor to qualify.
If a person named as executor in a will has deceased, or is incompetent, or refuses to accept the trust, or neglects to qualify for thirty (30) days after the probate of a will, or within thirty (30) days after notice of probate, as provided in § 33-7-9, the court shall grant letters testamentary to the other executors, if any are named in the will, who are competent and qualify; otherwise the court upon petition therefor shall grant administration on the estate with the will annexed to some suitable person.
History of Section.
C.P.A. 1905, § 819; G.L. 1909, ch. 312, § 5; G.L. 1923, ch. 363, § 5; G.L. 1938, ch. 575, § 3; G.L. 1956, § 33-8-4.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-8 - Appointment and Qualification of Executors and Administrators › Section 33-8-5. - Powers of surviving and qualifying joint executors — Filling of vacancies.

§ 33-8-5. Powers of surviving and qualifying joint executors — Filling of vacancies.
If a testator shall appoint more than one executor of his or her will, and any of them die or do not qualify, or, having qualified, shall die, resign, or be removed, or become incapable of acting, those who for the time being are qualified to act shall, unless otherwise provided in the will, have the same power and authority as is given by the will to the executors named therein; provided, that, upon the petition of any party in interest, the probate court may appoint an administrator with the will annexed to fill the vacancy, in which case the probate court shall also grant letters of administration to the administrator with the will annexed if he or she shall qualify and the administrator with the will annexed shall have the same power and authority as is given by the will to the executor in whose place he or she is appointed, unless the will contains an express provision contrary thereto.
History of Section.
C.P.A. 1905, § 820; G.L. 1909, ch. 312, § 6; G.L. 1923, ch. 363, § 6; G.L. 1938, ch. 575, § 4; P.L. 1945, ch. 1592, § 1; G.L. 1956, § 33-8-5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-8 - Appointment and Qualification of Executors and Administrators › Section 33-8-6. - Executor of executor.

§ 33-8-6. Executor of executor.
The executor of an executor shall not, as such, administer the estate of the first testator.
History of Section.
C.P.A. 1905, § 821; G.L. 1909, ch. 312, § 7; G.L. 1923, ch. 363, § 7; G.L. 1938, ch. 575, § 5; G.L. 1956, § 33-8-6.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-8 - Appointment and Qualification of Executors and Administrators › Section 33-8-7. - Residence of administrator.

§ 33-8-7. Residence of administrator.
No person not an inhabitant of this state shall be appointed administrator by reason of any right to the trust, unless other circumstances, in the opinion of the court, render the appointment proper.
History of Section.
C.P.A. 1905, § 825; G.L. 1909, ch. 312, § 11; G.L. 1923, ch. 363, § 11; G.L. 1938, ch. 575, § 8; G.L. 1956, § 33-8-7.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-8 - Appointment and Qualification of Executors and Administrators › Section 33-8-8. - Administration of intestate estate.

§ 33-8-8. Administration of intestate estate.
Administration of the estate of a person dying intestate shall be granted as follows:
(1)
To the widow or surviving husband or one or more of the next of kin, or to the widow or surviving husband jointly with one or more of the next of kin, they being suitable persons and competent.
(2)
If the widow or surviving husband and the next of kin shall neglect to apply for letters of administration within thirty (30) days after the decease of a person intestate, or shall be unsuitable for the discharge of the trust, or renounce the administration, the probate court may, on petition therefor of some party in interest, grant administration to any suitable person.
History of Section.
C.P.A. 1905, § 824; G.L. 1909, ch. 312, § 10; P.L. 1919, ch. 1787, § 3; G.L. 1923, ch. 363, § 10; G.L. 1938, ch. 575, § 9; G.L. 1956, § 33-8-8.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-8 - Appointment and Qualification of Executors and Administrators › Section 33-8-9. - Administration of partially intestate estate.

§ 33-8-9. Administration of partially intestate estate.
If a will which disposes of only a part of the estate of a testator is admitted to probate, the executor of the will, or the administrator with the will annexed, shall, unless otherwise provided in the will, and except as provided in the second clause of § 33-8-8, be ex officio the administrator of the intestate estate, and shall give bond to cover all his or her duties.
History of Section.
C.P.A. 1905, § 823; G.L. 1909, ch. 312, § 9; G.L. 1923, ch. 363, § 9; G.L. 1938, ch. 575, § 7; G.L. 1956, § 33-8-9.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-8 - Appointment and Qualification of Executors and Administrators › Section 33-8-10. - Administration de bonis non.

§ 33-8-10. Administration de bonis non.
If a sole or a surviving executor or administrator dies, resigns, or is removed before having fully administered an estate, or there is any thing remaining to be done in execution of the will, the probate court shall grant letters of administration with the will annexed, or of administration, as the case may require, to administer the estate of the deceased not already administered.
History of Section.
C.P.A. 1905, § 826; G.L. 1909, ch. 312, § 12; G.L. 1923, ch. 363, § 12; G.L. 1938, ch. 575, § 10; G.L. 1956, § 33-8-10.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-8 - Appointment and Qualification of Executors and Administrators › Section 33-8-11. - Marriage of executrix or administratrix.

§ 33-8-11. Marriage of executrix or administratrix.
If an unmarried woman shall be appointed an executor or administrator and thereafter shall marry, the marriage shall not make her husband an executor or administrator in her right nor disqualify her as executor or administrator.
History of Section.
C.P.A. 1905, § 822; G.L. 1909, ch. 312, § 8; G.L. 1923, ch. 363, § 8; G.L. 1938, ch. 575, § 6; G.L. 1956, § 33-8-11.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-1. - Return of inventory of estate.

§ 33-9-1. Return of inventory of estate.
Every administrator and every executor, shall, within ninety (90) days after his or her appointment or such longer period as may be allowed by the probate court, return to the probate court, under oath, a true inventory of all the personal property, both tangible and intangible, and of all claims, rights, causes of actions and other assets, other than real property, of the deceased, with an appraisement thereof as of the date of the decedent’s death.
History of Section.
C.P.A. 1905, § 866; G.L. 1909, ch. 313, § 1; P.L. 1919, ch. 1787, § 4; G.L. 1923, ch. 364, § 1; G.L. 1938, ch. 577, § 1; G.L. 1956, § 33-9-1; P.L. 1990, ch. 405, § 1; P.L. 1996, ch. 110, § 4.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-2. - Wearing apparel.

§ 33-9-2. Wearing apparel.
The wearing apparel of a deceased person, not including jewels and watches, shall not be included in the inventory nor be assets for the payment of debts, and if not bequeathed shall be distributed according to law.
History of Section.
C.P.A. 1905, § 868; G.L. 1909, ch. 313, § 3; G.L. 1923, ch. 364, § 3; G.L. 1938, ch. 577, § 3; G.L. 1956, § 33-9-2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-3. - Emblements of lands.

§ 33-9-3. Emblements of lands.
If any testator or intestate shall die after March 1 in any year, all the emblements of his or her lands that shall be severed before December 31 next following shall be included in the inventory and be assets in the hands of his or her executor or administrator; but all emblements growing on the lands at the time of the death of the testator or intestate, if that event happens on or after December 31 and before March 1, shall not so be included, but shall pass with the land.
History of Section.
C.P.A. 1905, § 869; G.L. 1909, ch. 313, § 4; G.L. 1923, ch. 364, § 4; G.L. 1938, ch. 577, § 4; G.L. 1956, § 33-9-3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-4. - Appraisal of property.

§ 33-9-4. Appraisal of property.
(a)
The property comprised in the inventory shall be appraised by the executor or administrator.
(b)
Upon the petition of any party in interest, the court may appoint one or more appraisers to value assets of the estate specified in the petition. The appraisers shall be sworn to the faithful discharge of their trust.
History of Section.
C.P.A. 1905, § 867; G.L. 1909, ch. 313, § 2; P.L. 1915, ch. 1260, § 2; G.L. 1923, ch. 364, § 2; G.L. 1938, ch. 577, § 2; G.L. 1956, § 33-9-4; P.L. 1977, ch. 95, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-5. - Debts owed by executor to decedent.

§ 33-9-5. Debts owed by executor to decedent.
The appointment of a debtor as an executor shall in no case be deemed an extinguishment of the debt; but all such debts shall be accounted for as assets by the executor, unless otherwise directed by the will.
History of Section.
C.P.A. 1905, § 870; G.L. 1909, ch. 313, § 5; G.L. 1923, ch. 364, § 5; G.L. 1938, ch. 577, § 5; G.L. 1956, § 33-9-5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-6. - Marking and care of decedent’s grave.

§ 33-9-6. Marking and care of decedent’s grave.
An executor or administrator of a solvent estate may erect a headstone, and with the permission of the probate court may erect a monument, and with like permission an executor or administrator of an insolvent estate may erect a headstone at the grave of his testator or intestate. An executor or administrator of a solvent estate may with the permission of the probate court pay to a cemetery corporation or to a town or city a reasonable sum for the perpetual care of the monument, the headstone, and the lot in which the body of the testator or intestate is buried. Where the permission of the probate court is required, it shall determine the amount of the payment and to whom the payment shall be paid. All reasonable payments made under this section shall be allowed as part of the funeral charges in the settlement of the accounts of the executor or administrator.
History of Section.
C.P.A. 1905, § 969; G.L. 1909, ch. 318, § 4; P.L. 1921, ch. 2028, § 1; G.L. 1923, ch. 369, § 4; G.L. 1938, ch. 579, § 4; G.L. 1956, § 33-9-6; P.L. 1960, ch. 22, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-7. - Continuation of decedent’s business.

§ 33-9-7. Continuation of decedent’s business.
Executors and administrators may be authorized by the probate court before which the estate is in settlement to work up and complete any stock and materials in an unfinished state, or to continue any business of the decedent so far as may be expedient for the prudent winding up of the business, if the court shall find that it will be for the interest of the estate.
History of Section.
C.P.A. 1905, § 849; G.L. 1909, ch. 312, § 35; G.L. 1923, ch. 363, § 35; G.L. 1938, ch. 575, § 33; G.L. 1956, § 33-9-7.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-9 - Collection and Management of Decedents’ Estates › Section 33-9-8. - Redemption or sale of incumbered property.

§ 33-9-8. Redemption or sale of incumbered property.
The executor or administrator, if there be sufficient assets, may redeem all property of the deceased under mortgage, pledge, or levy, the redemption of which would increase the value of the estate, or he or she may sell the property subject to incumbrance; and the executor or administrator shall in that case first obtain the advice and direction of the probate court as to whether he or she shall redeem or sell the property subject to incumbrance, and failure to comply with the advice and direction shall be deemed maladministration and waste.
History of Section.
C.P.A. 1905, § 850; G.L. 1909, ch. 312, § 36; G.L. 1923, ch. 363, § 36; G.L. 1938, ch. 575, § 34; G.L. 1956, § 33-9-8.