reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-11. - Cancelation of bond — New bond.

§ 33-17-11. Cancelation of bond — New bond.
A probate court, for cause shown, may cancel the bond of an executor, administrator, or guardian so as to relieve the principal and sureties for any breach thereafter committed, and may take and accept a new and sufficient bond in its stead.
History of Section.
C.P.A. 1905, § 1022; G.L. 1909, ch. 320, § 11; G.L. 1923, ch. 371, § 10; G.L. 1938, ch. 576, § 10; G.L. 1956, § 33-17-11.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-12. - Release of surety — New surety — Action by surety against principal.

§ 33-17-12. Release of surety — New surety — Action by surety against principal.
Upon a bond taken by a probate court, the surety, or his or her heirs, executors, or administrators, may at any time make written application to the court for relief from further liability on the bond, and thereupon the court shall cause reasonable notice of the application to be given to the principal on the bond and to all persons whom the court shall find to be directly interested in the estate for the security of which the bond was given, to appear and be heard upon the application. If it appears that the petition can be granted without prejudice to the estate, the court may order the principal to give, within such time as it may limit, a new probate bond; and if the order is not complied with, may remove him or her and appoint a successor. If the new bonds be duly given and approved, the surety on the original bond and his or her representatives shall not be liable for any breach thereafter committed, nor shall the surety or sureties on the succeeding bond be liable for any default occurring prior to the approval of the new bond. In any case where the surety upon any bond has become liable on the bond, he or she shall have liberty to institute any proper suit against his or her principal for his or her protection.
History of Section.
C.P.A. 1905, § 1023; G.L. 1909, ch. 320, § 12; G.L. 1923, ch. 371, § 11; G.L. 1938, ch. 576, § 11; G.L. 1956, § 33-17-12.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-13. - Order to principal on bond to exhibit condition of estate.

§ 33-17-13. Order to principal on bond to exhibit condition of estate.
A surety, or any other person interested in a probate bond, may at any time make written application to the court for an order requiring the principal to exhibit fully before the court the condition of the estate held by him or her, so that it may be ascertained whether or not the estate is being properly managed; and thereupon the court shall cause reasonable notice of the application to be given to the principal on the bond, and if, upon hearing, the court shall find that the application is made in good faith, it shall make the order. If the principal shall refuse to obey the order, or if, upon obeying it, the court shall find that the estate is not being properly managed by him or her, it shall remove him or her and appoint a successor.
History of Section.
C.P.A. 1905, § 1024; G.L. 1909, ch. 320, § 13; G.L. 1923, ch. 371, § 12; G.L. 1938, ch. 576, § 12; G.L. 1956, § 33-17-13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-14. - Copies of bond — Suit in name of court.

§ 33-17-14. Copies of bond — Suit in name of court.
Every person interested in a bond given to a probate court shall be entitled to a copy of the bond on payment of the fee therefor, and to sue on the bond in the name of the court to which the bond is given.
History of Section.
C.P.A. 1905, § 1025; G.L. 1909, ch. 320, § 14; G.L. 1923, ch. 371, § 13; G.L. 1938, ch. 576, § 13; G.L. 1956, § 33-17-14.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-15. - Beneficiaries of suit on bond shown — Costs.

§ 33-17-15. Beneficiaries of suit on bond shown — Costs.
The writ, in addition to the usual indorsement of the name of the plaintiff and attorney, if there be one, shall also have written thereon the name or names of the person or persons for whose benefit the suit is brought, who shall give surety for costs as in other cases, and against whom, if the defendant recover, execution for costs shall issue.
History of Section.
C.P.A. 1905, § 1026; G.L. 1909, ch. 320, § 15; G.L. 1923, ch. 371, § 14; G.L. 1938, ch. 576, § 14; G.L. 1956, § 33-17-15.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-16. - Facts to be shown by creditor suing on bond.

§ 33-17-16. Facts to be shown by creditor suing on bond.
If a suit is brought by a creditor of the deceased person, he or she shall show:
(1)
That his or her claim has been duly filed;
(2)
That his or her claim has not been disallowed by the executor or administrator, or has been established by commissioners, or by judgment; and
(3)
That a decree of unfaithful administration has been entered as provided in § 33-17-17, and if the estate be insolvent, he or she shall also produce a copy of the order of distribution.
History of Section.
C.P.A. 1905, § 1027; G.L. 1909, ch. 320, § 16; G.L. 1923, ch. 371, § 15; G.L. 1938, ch. 576, § 15; G.L. 1956, § 33-17-16.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-17. - Decree of unfaithful administration.

§ 33-17-17. Decree of unfaithful administration.
If any executor or administrator shall neglect or refuse to raise money out of the estate by collecting debts due or by selling the personal estate, or the real estate, if need be, and has power, or can obtain leave, to sell the same, or shall neglect or refuse to pay over what he or she has in his or her hands to the several creditors of the testator or intestate whose claims have been filed and allowed or proved according to law, or shall otherwise fail to perform his or her duties as executor or administrator, and, after citation before the probate court, shall fail to show reasonable cause therefor, the court may decree that he or she is guilty of unfaithful administration; and thereupon an action may be brought upon the bond of the executor or administrator by any creditor who may have been damnified thereby.
History of Section.
C.P.A. 1905, § 1028; G.L. 1909, ch. 320, § 17; G.L. 1923, ch. 371, § 16; G.L. 1938, ch. 576, § 16; G.L. 1956, § 33-17-17.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-18. - Evidence in action by distributee.

§ 33-17-18. Evidence in action by distributee.
If the suit be brought by a distributee for his or her part of the personal estate, he or she shall exhibit a copy of the decree of the probate court, ascertaining its amount, and prove that he or she has made a demand therefor upon the administrator.
History of Section.
C.P.A. 1905, § 1029; G.L. 1909, ch. 320, § 18; G.L. 1923, ch. 371, § 17; G.L. 1938, ch. 576, § 17; G.L. 1956, § 33-17-18.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-19. - Hearing and judgment of forfeiture of bond.

§ 33-17-19. Hearing and judgment of forfeiture of bond.
Upon a hearing upon the forfeiture of a bond, the court shall examine the claims of the several persons whose names are indorsed upon the writ, and judgment shall be rendered for those persons, respectively, for the amount so ascertained to be due to each (but with only one bill of costs, each claimant, however, being allowed fees of witnesses called in his or her behalf), in form, substantially, that the probate court shall have execution for the judgment to the use of the persons in whose favor judgment shall be rendered.
History of Section.
C.P.A. 1905, § 1030; G.L. 1909, ch. 320, § 19; G.L. 1923, ch. 371, § 18; G.L. 1938, ch. 576, § 18; G.L. 1956, § 33-17-19.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-20. - Execution on judgment of forfeiture.

§ 33-17-20. Execution on judgment of forfeiture.
Any person to whose use judgment shall be rendered in the name of the probate court as provided in § 33-17-19 may sue out execution thereon and have the execution levied according to law, and shall be deemed to be the creditor to every intent and purpose whatsoever.
History of Section.
C.P.A. 1905, § 1031; G.L. 1909, ch. 320, § 20; G.L. 1923, ch. 371, § 19; G.L. 1938, ch. 576, § 19; G.L. 1956, § 33-17-20.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-21. - Addition of parties to suit for forfeiture.

§ 33-17-21. Addition of parties to suit for forfeiture.
During the pendency of a forfeiture suit, the court may, on motion, permit any person interested to become a party to the suit by indorsing his or her name on the writ, and by giving surety for costs, if required; and thereupon the person shall have the same rights and be subject to the same liabilities as if his or her name had been indorsed upon the writ before the service thereof.
History of Section.
C.P.A. 1905, § 1032; G.L. 1909, ch. 320, § 21; G.L. 1923, ch. 371, § 20; G.L. 1938, ch. 576, § 20; G.L. 1956, § 33-17-21.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-22. - Action on judgment for penalty.

§ 33-17-22. Action on judgment for penalty.
After judgment for the penalty of a bond, any person interested, upon giving surety for costs as in other cases, may bring a civil action on the judgment; and upon proof of his or her claim may have judgment so that an execution shall issue to his or her use.
History of Section.
C.P.A. 1905, § 1033; G.L. 1909, ch. 320, § 22; G.L. 1923, ch. 371, § 21; G.L. 1938, ch. 576, § 21; G.L. 1956, § 33-17-22; P.L. 1965, ch. 55, § 61.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-23. - Obligors not released by judgment on bond.

§ 33-17-23. Obligors not released by judgment on bond.
No suit or judgment on a bond shall abate or bar any suit thereon against any obligor against whom no suit has been commenced or judgment rendered.
History of Section.
C.P.A. 1905, § 1034; G.L. 1909, ch. 320, § 23; G.L. 1923, ch. 371, § 22; G.L. 1938, ch. 576, § 22; G.L. 1956, § 33-17-23.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-24. - Suit on bond following judgment for obligor.

§ 33-17-24. Suit on bond following judgment for obligor.
A judgment in favor of the obligor shall in no case bar any suit on a bond for the benefit of a different claimant or of the same claimant for a different claim.
History of Section.
C.P.A. 1905, § 1035; G.L. 1909, ch. 320, § 24; G.L. 1923, ch. 371, § 23; G.L. 1938, ch. 576, § 23; G.L. 1956, § 33-17-24.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-25. - Suit for benefit of all interested in estate.

§ 33-17-25. Suit for benefit of all interested in estate.
A suit may also be brought on a bond for the benefit of all concerned in the estate at the instance of any party interested, who shall give surety for costs to the defendant on the writ, and satisfactory bond to the probate court securing the court against expenses and costs; in which case, indorsement that the suit is brought for the benefit of all interested in the estate shall be made upon the writ.
History of Section.
C.P.A. 1905, § 1036; G.L. 1909, ch. 320, § 25; G.L. 1923, ch. 371, § 24; G.L. 1938, ch. 576, § 24; G.L. 1956, § 33-17-25.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-26. - Suit on bond for failure to inventory or account for property.

§ 33-17-26. Suit on bond for failure to inventory or account for property.
Suit on a probate bond, except the bond authorized by § 33-17-3, may be brought whenever it shall appear that the administrator or the executor has received the personal estate of the testator or intestate and has not, after being cited by the court to do so, exhibited upon oath a particular inventory of the estate, or has refused or neglected to account upon oath for the property of the testator or intestate by him or her received.
History of Section.
C.P.A. 1905, § 1037; G.L. 1909, ch. 320, § 26; G.L. 1923, ch. 371, § 25; G.L. 1938, ch. 576, § 25; G.L. 1956, § 33-17-26.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-27. - Judgment and execution in suit for failure to inventory or account.

§ 33-17-27. Judgment and execution in suit for failure to inventory or account.
In the cases mentioned in § 33-17-26, judgment shall be rendered against the executor or administrator so in default for the full penalty of the bond; and, upon a hearing upon forfeiture, the court shall award execution against the executor or administrator in favor of the probate court for the full value of the personal estate of the deceased proved to have come to his or her hands, or, in case he or she has once accounted, remaining or being in his or her hands at and since the last accounting, without any discount, abatement, or allowance for charges and expenses of administration.
History of Section.
C.P.A. 1905, § 1038; G.L. 1909, ch. 320, § 27; G.L. 1923, ch. 371, § 26; G.L. 1938, ch. 576, § 26; G.L. 1956, § 33-17-27.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-28. - Administration of amount recovered in suit for failure to inventory or account.

§ 33-17-28. Administration of amount recovered in suit for failure to inventory or account.
In case of a recovery, the amount so recovered shall be deemed to be the property of the testator or intestate, and, after paying therefrom all expenses of recovery, shall be administered by a new administrator to be appointed for that purpose.
History of Section.
C.P.A. 1905, § 1039; G.L. 1909, ch. 320, § 28; G.L. 1923, ch. 371, § 27; G.L. 1938, ch. 576, § 27; G.L. 1956, § 33-17-28.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-17 - Bonds of Executors, Administrators, and Guardians › Section 33-17-29. - Consolidation of suits against joint fiduciaries — Execution.

§ 33-17-29. Consolidation of suits against joint fiduciaries — Execution.
Whenever suits are brought upon separate bonds of joint executors, administrators, or guardians, they may be consolidated. If judgment for the penal sum is obtained upon more than one of the bonds, one execution shall issue for the amount found due for defaults for which two (2) or more principals on the bonds are found liable, and separate executions shall issue for the amount found due for all individual defaults of either of the principals.
History of Section.
C.P.A. 1905, § 1040; G.L. 1909, ch. 320, § 29; G.L. 1923, ch. 371, § 28; G.L. 1938, ch. 576, § 28; G.L. 1956, § 33-17-29.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-1. - Publication of qualification of fiduciary — Statement filed by clerk.

§ 33-18-1. Publication of qualification of fiduciary — Statement filed by clerk.
Upon the qualification of every executor, administrator, conservator, or guardian, the probate clerk shall give notice of the qualification by publication in any newspaper and as often as the court may direct, and in the newspaper shall notify creditors to file their claims in the office of the probate clerk within the time required by law. The clerk shall file in the court a written statement setting out a copy of the notice, the dates, and place of its publication, and generally his or her compliance with the order of the court. A certified copy of the statement shall be admitted as evidence of the time, place, and manner in which notice was given.
History of Section.
C.P.A. 1905, § 845; G.L. 1909, ch. 312, § 31; P.L. 1921, ch. 2075, § 1; P.L. 1922, ch. 2196, § 1; G.L. 1923, ch. 363, § 31; G.L. 1938, ch. 575, § 29; P.L. 1941, ch. 1003, § 1; G.L. 1956, § 33-18-1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-2. - General grounds for removal of fiduciary.

§ 33-18-2. General grounds for removal of fiduciary.
Whenever an executor, administrator, or guardian shall for any cause become incapable of executing his or her trust, or shall neglect or refuse to do the duties of the trust, or shall waste the estate of his or her ward or that on which he or she administers, the probate court, upon petition, and after hearing, may remove the executor, administrator or guardian from office and appoint an administrator or guardian in place of the person so removed, and take such other action as occasion may require.
History of Section.
C.P.A. 1905, § 827; G.L. 1909, ch. 312, § 13; G.L. 1923, ch. 363, § 13; G.L. 1938, ch. 575, § 11; G.L. 1956, § 33-18-2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-3. - Citation in action to remove fiduciary.

§ 33-18-3. Citation in action to remove fiduciary.
Whenever complaint shall be made by any person interested in the estate, or by any creditor, or by the surety on the bond of any executor, administrator or guardian, for the removal of an executor, administrator or guardian, a citation shall issue to the executor, administrator or guardian, embodying the substance of the complaint, or with a copy of the complaint annexed, which citation shall be in the form, and shall be served, as provided in § 33-22-12.
History of Section.
C.P.A. 1905, § 773; G.L. 1909, ch. 309, § 10; G.L. 1923, ch. 360, § 10; G.L. 1938, ch. 571, § 12; G.L. 1956, § 33-18-3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-4. - Resignation of fiduciary.

§ 33-18-4. Resignation of fiduciary.
Whenever an executor, administrator, or guardian shall in writing resign his or her trust to the probate court having jurisdiction of the estate, the court may accept the resignation and, upon petition, appoint a successor, who shall have all the power that the person resigning had unless provision to the contrary is made by will; but no resignation shall be accepted until the person resigning shall have settled his or her accounts with the court.
History of Section.
C.P.A. 1905, § 828; G.L. 1909, ch. 312, § 14; G.L. 1923, ch. 363, § 14; G.L. 1938, ch. 575, § 12; G.L. 1956, § 33-18-4.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-5. - Appointment of new fiduciary — Powers of survivors — New bond.

§ 33-18-5. Appointment of new fiduciary — Powers of survivors — New bond.
In case the person so resigning was the sole executor, administrator, or guardian, the court shall appoint an administrator or guardian as a successor; if he or she were a joint executor or joint testamentary guardian, the continuing executor or guardian, if required, shall give a new bond; but if he or she were a joint administrator or guardian appointed by the court, a new administrator or guardian, if deemed advisable, may be appointed in the place of the one so resigning; and a new bond of the survivor, or of the survivor with the new administrator or guardian, shall be given, and other proceedings shall be taken as may be deemed advisable.
History of Section.
C.P.A. 1905, § 829; G.L. 1909, ch. 312, § 15; G.L. 1923, ch. 363, § 15; G.L. 1938, ch. 575, § 13; G.L. 1956, § 33-18-5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-6. - Transfer of records and property to successor fiduciary — Action on bond.

§ 33-18-6. Transfer of records and property to successor fiduciary — Action on bond.
An administrator or guardian appointed to succeed an executor, administrator, or guardian shall demand and receive of the preceding executor, administrator, or guardian, his or her heirs, executors, or administrators, all the goods and effects, books of account, securities, documents, or papers whatsoever belonging to the estate held by him or her or them, and in case of neglect or refusal to deliver them the probate court may, upon the petition of the successor or of any person beneficially interested, after hearing thereon, order the person holding them to deliver the property so held by him or her, and shall have the power to enforce the order by summary process for contempt, and the successor may also bring an action for the recovery of property, and the successor shall also bring an action on the bond of the preceding executor, administrator or guardian against all parties liable on the bond, which action when brought shall bar all actions by others on the bond for the same breach; but if the successor neglects or refuses to bring an action on the bond after written request therefor by any person interested, it shall be deemed a breach of his or her bond, and in this case suit may be brought on the first named bond by any person interested.
History of Section.
C.P.A. 1905, § 830; G.L. 1909, ch. 312, § 16; G.L. 1923, ch. 363, § 16; G.L. 1938, ch. 575, § 14; G.L. 1956, § 33-18-6.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-7. - Continuation of actions by or against successor fiduciary.

§ 33-18-7. Continuation of actions by or against successor fiduciary.
Whenever an executor, administrator, or guardian, by or against whom any action concerning the estate of the testator, intestate or ward is prosecuted shall die, resign, or be removed, the action shall not thereby be abated, but the successor, if any, may come into court to prosecute or defend, or may be summoned in, in such manner as the court may direct.
History of Section.
C.P.A. 1905, § 831; G.L. 1909, ch. 312, § 17; G.L. 1923, ch. 363, § 17; G.L. 1938, ch. 575, § 15; G.L. 1956, § 33-18-7.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-8. - Judgment against fiduciary in continuation of action by or against decedent.

§ 33-18-8. Judgment against fiduciary in continuation of action by or against decedent.
If an executor, administrator, or guardian shall neglect to appear and take upon himself or herself the prosecution or defense of an action, suit, or proceeding as provided in § 33-9-24, being duly notified thereof by order of the court where the same shall be pending, or if, having appeared and become a party thereto, judgment shall pass against the executor, administrator, or guardian, the court, subject to the provisions of § 33-11-44, may enter judgment against the estate in the hands of the executor, administrator, or guardian, and the like process shall be had thereon as if the action, suit, or proceeding had been originally commenced against him or her in his or her original capacity.
History of Section.
C.P.A. 1905, § 971; G.L. 1909, ch. 318, § 6; G.L. 1923, ch. 369, § 6; G.L. 1938, ch. 579, § 6; G.L. 1956, § 33-18-8.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-9. - Appointment of agent by nonresident fiduciary.

§ 33-18-9. Appointment of agent by nonresident fiduciary.
Every executor, administrator or guardian appointed in, but residing out of, the state shall, before entering upon the duties of his or her trust, appoint in writing an agent residing in this state, and shall by the writing agree that the service of any legal process against him or her as executor, administrator, or guardian, if made on, or acknowledged by, the agent, shall be of the same legal effect as if made on himself or herself personally within this state. The writing shall have the address of the agent, and shall be filed in the office of the clerk of the probate court by which the appointment was made, and the notice of appointment of the executor, administrator, or guardian shall state the name and address of his or her agent.
History of Section.
C.P.A. 1905, § 858; G.L. 1909, ch. 312, § 44; G.L. 1923, ch. 363, § 44; G.L. 1938, ch. 575, § 42; G.L. 1956, § 33-18-9.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-10. - Appointment of agent by fiduciary removing from state.

§ 33-18-10. Appointment of agent by fiduciary removing from state.
Every executor, administrator, or guardian appointed in this state but who thereafter leaves the state shall in writing appoint a like agent with like stipulations, and shall cause the writing to be filed in the office of the clerk of the probate court which appointed him or her.
History of Section.
C.P.A. 1905, § 859; G.L. 1909, ch. 312, § 45; G.L. 1923, ch. 363, § 45; G.L. 1938, ch. 575, § 43; G.L. 1956, § 33-18-10.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-11. - Death, resignation, or removal of fiduciary’s agent from state.

§ 33-18-11. Death, resignation, or removal of fiduciary’s agent from state.
If an agent appointed under the provisions of §§ 33-18-9 and 33-18-10 dies, resigns, or leaves the state before the final settlement of the estate, another like appointment shall be made and filed as above provided.
History of Section.
C.P.A. 1905, § 860; G.L. 1909, ch. 312, § 46; G.L. 1923, ch. 363, § 46; G.L. 1938, ch. 575, § 44; G.L. 1956, § 33-18-11.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-12. - Revocation of power of fiduciary’s agent.

§ 33-18-12. Revocation of power of fiduciary’s agent.
The power of an agent appointed under either of §§ 33-18-9 — 33-18-11 shall not be revoked until the final settlement of the estate, unless another agent is appointed in his or her place and the appointment filed as above provided.
History of Section.
C.P.A. 1905, § 861; G.L. 1909, ch. 312, § 47; G.L. 1923, ch. 363, § 47; G.L. 1938, ch. 575, § 45; G.L. 1956, § 33-18-12.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-13. - Removal of fiduciary for failure to appoint agent.

§ 33-18-13. Removal of fiduciary for failure to appoint agent.
Neglect or refusal on the part of an executor, administrator, or guardian to comply with any requirement of §§ 33-18-9 — 33-18-12 may be cause for removal.
History of Section.
C.P.A. 1905, § 863; G.L. 1909, ch. 312, § 48; G.L. 1923, ch. 363, § 48; G.L. 1938, ch. 575, § 46; G.L. 1956, § 33-18-13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-14. - Service of process on fiduciary’s agent.

§ 33-18-14. Service of process on fiduciary’s agent.
Service of any legal process upon an agent appointed under §§ 33-18-9 — 33-18-12 shall be of the same legal effect as if made upon his or her principal in this state.
History of Section.
C.P.A. 1905, § 863; G.L. 1909, ch. 312, § 49; G.L. 1923, ch. 363, § 49; G.L. 1938, ch. 575, § 47; G.L. 1956, § 33-18-14.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-15. - Exercise of power of sale in mortgage.

§ 33-18-15. Exercise of power of sale in mortgage.
In case of a mortgage containing powers of sale, the executor, administrator, or guardian of the estate for the time being of the mortgagee may, on default, unless provisions to the contrary be made in the mortgage, exercise the enumerated powers of sale. The executor, administrator, or guardian may, if empowered by the mortgage or by law, and if in his or her discretion it is necessary to prevent a sacrifice of the property, bid upon and buy in the mortgaged property at the sale; and having so purchased, may, on application to the probate court, be authorized to resell the property at public or private sale pursuant to the direction of the court, and convey, without being accountable for any resulting loss. The proceeds of the sale shall be personal property.
History of Section.
C.P.A. 1905, § 880; G.L. 1909, ch. 313, § 15; G.L. 1923, ch. 364, § 15; G.L. 1938, ch. 577, § 15; G.L. 1956, § 33-18-15.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-16. - Abandonment or adjustment of controversies.

§ 33-18-16. Abandonment or adjustment of controversies.
The probate court may authorize executors, administrators, guardians, and conservators to submit to arbitration, to abandon, or to adjust by compromise, or otherwise settle or dispose of, any claim in favor of or against, or any controversy or thing whatever relating to the estates by them represented, whether or not arising under, or involving the construction of, the provisions of a will, trust deed or other instrument, and for any of these purposes to enter into, give, execute, make, and do such agreements, instruments, deeds, conveyances, assignments, settlements, payments, compositions, arrangements, court or other stipulations, releases, receipts, and other things as the probate court shall by its order or decree approve or authorize.
History of Section.
C.P.A. 1905, § 838; G.L. 1909, ch. 312, § 24; G.L. 1923, ch. 363, § 24; G.L. 1938, ch. 575, § 22; P.L. 1951, ch. 2706, § 1; G.L. 1956, § 33-18-16.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-17. - Action in name of estate prosecuted by interested person.

§ 33-18-17. Action in name of estate prosecuted by interested person.
If an administrator, executor, or guardian shall be requested by any person legally interested in the estate of a deceased person, or person under guardianship, to commence an action or proceeding to recover any property, personal or real, which the legally interested person may have reason to believe should be recovered for the benefit of the estate, and if the administrator, executor, or guardian shall, for fifteen (15) days after written notice so to do, either personally delivered to himself or herself or his or her agent, or left at the last and usual place of abode of himself or herself or his or her agent, refuse, neglect or for any reason be incompetent, to commence the action or proceeding, the legally interested person may institute proceedings in the name of the estate of the deceased person, or person under guardianship, in the same manner and to the same extent as the administrator, executor, or guardian may do in the case of personal property, and in the case of real estate in the same manner as a guardian, devisee, or heir at law may do, to recover the property.
History of Section.
G.L., ch. 312, § 52, as enacted by P.L. 1911, ch. 707, § 1; G.L. 1923, ch. 363, § 52; G.L. 1938, ch. 575, § 50; G.L. 1956, § 33-18-17.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-18. - Intervention in proceedings by or against estate.

§ 33-18-18. Intervention in proceedings by or against estate.
If a suit or proceeding be pending, whether instituted by the administrator, executor, guardian, or any legally interested person, then no additional suit or proceeding shall be brought for the same cause, but the administrator, executor, guardian, or any legally interested person, may intervene in the prosecution of the suit or proceeding, upon motion, in the discretion of the court having jurisdiction of the action; and if a suit or proceeding be pending against an administrator, executor or guardian, any legally interested person may, with like consent, intervene in the defense to the suit or proceeding.
History of Section.
G.L., ch. 312, § 53, as enacted by P.L. 1911, ch. 707, § 1; G.L. 1923, ch. 363, § 53; G.L. 1938, ch. 575, § 51; G.L. 1956, § 33-18-18.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-19. - Costs and expenses in proceeding prosecuted or intervened in by interested person.

§ 33-18-19. Costs and expenses in proceeding prosecuted or intervened in by interested person.
Any legally interested person instituting a suit or proceeding shall, in case of failure to prosecute the suit successfully, be entitled to no costs, and shall be personally liable to the adverse party for costs, and in no event shall those legally interested persons instituting a suit or proceeding or intervening to prosecute or defend a pending action be entitled to more than the reasonable expenses incurred by him or her in the proceedings or defense, to be allowed out of the estate of the deceased person or person under guardianship, by the court having probate jurisdiction of the estate, to be paid by the administrator, executor, or guardian; and shall not be entitled to any reimbursement for the expenses, unless the proceedings or defense, by intervention or otherwise, shall be found by the court of probate to have been necessary for the protection of the estate. In any case where additional parties intervene in the prosecution or defense of an existing suit or proceeding, the allowance made for all expenses shall not exceed such reasonable amount as the court of probate finds should have been incurred for the proper prosecution or defense of the action or proceeding.
History of Section.
G.L., ch. 312, § 54, as enacted by P.L. 1911, ch. 707, § 1; G.L. 1923, ch. 363, § 54; G.L. 1938, ch. 575, § 52; G.L. 1956, § 33-18-19.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-20. - Compromise of actions prosecuted or defended by interested persons — Property recovered.

§ 33-18-20. Compromise of actions prosecuted or defended by interested persons — Property recovered.
Courts of probate shall have the power to compromise all claims sued for or defended by any legally interested person referred to in §§ 33-18-17 — 33-18-19 in the same manner and to the same extent as may now be done by the probate courts with reference to claims by or against estates of deceased persons or persons under guardianship. All property obtained by an interested person for the benefit of the estate through the proceeding shall be turned over by the adverse party to the administrator, executor, or guardian, if personal property, in the same manner as all other property coming to the possession of the administrator, executor, or guardian; and shall become the property of the ward in cases of guardianship, or of the heirs at law or devisees under a will, as either may become entitled to the property, in case of real estate; the administrator, executor, or guardian being first required to furnish an additional bond to the probate court for the proper administration of personal property so obtained.
History of Section.
G.L., ch. 312, § 55, as enacted by P.L. 1911, ch. 707, § 1; G.L. 1923, ch. 363, § 55; G.L. 1938, ch. 575, § 53; G.L. 1956, § 33-18-20.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-21. - Recording of documents in court.

§ 33-18-21. Recording of documents in court.
Any paper or instrument discharging a claim or purporting to acknowledge the performance of a duty or the payment of money, for which an executor, administrator, or guardian is chargeable or accountable in a probate court, shall, upon the request of a party interested, be recorded in the records of the court, certified copies of which record may be used in evidence; and the probate clerk shall enter, record, index and certify any original paper or instrument offered as provided in this chapter.
History of Section.
C.P.A. 1905, § 846; G.L. 1909, ch. 312, § 32; G.L. 1923, ch. 363, § 32; G.L. 1938, ch. 575, § 30; G.L. 1956, § 33-18-21.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-22. - Release by good faith delivery of property under court order.

§ 33-18-22. Release by good faith delivery of property under court order.
Whenever any person acting as executor, administrator, custodian, or guardian shall make payments or deliver property or estate pursuant to the order of a probate court having jurisdiction, after the expiration of the time within which an appeal lies from the order and while an appeal is not pending from the order, the person making the payment or delivery in good faith shall not be liable or in any way responsible for the money so paid or the property so delivered, although the order under or by virtue of which the payment or delivery shall be made shall afterwards be reversed, vacated, or set aside. This provision shall not prevent a recovery of the money or property, by the person entitled thereto, from any person receiving it or in possession of the money or property.
History of Section.
C.P.A. 1905, § 852; G.L. 1909, ch. 312, § 38; G.L. 1923, ch. 363, § 38; G.L. 1938, ch. 575, § 36; G.L. 1956, § 33-18-22.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-23. - Bona fide transfer of property to executor, administrator, or guardian.

§ 33-18-23. Bona fide transfer of property to executor, administrator, or guardian.
All persons making or permitting to be made any payment or transfer bona fide upon any official certificate of appointment of any executor, administrator, or guardian, issued by the probate court in respect of the estate of any deceased person or ward, shall be justified and held harmless in so doing, notwithstanding any defect or circumstance whatsoever affecting the validity of the appointment; provided, that the transfer of personal property, stock, or rights of action is not made within forty (40) days from an order or decree granting letters testamentary, of administration, or of guardianship, nor while an appeal is pending from an order or decree.
History of Section.
C.P.A. 1905, § 853; G.L. 1909, ch. 312, § 39; G.L. 1923, ch. 363, § 39; G.L. 1938, ch. 575, § 37; G.L. 1956, § 33-18-23.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-24. - Transfer of corporate securities and mortgages by foreign fiduciary.

§ 33-18-24. Transfer of corporate securities and mortgages by foreign fiduciary.
Any corporation organized under the laws of this state may, before having actual notice of the pendency of an application in this state for letters testamentary, of administration, or guardianship, permit the executor of the will or administrator of the estate of a decedent who at the time of his or her death was not a resident in this state, or a guardian whose ward does not reside in this state, duly appointed, qualified, and authorized under the laws of any other state, territory, or district of the United States, to transfer to any person shares of stock and registered bonds standing in the name of the decedent or ward and to receive the dividends and interest thereon. The executor of the will or administrator of the estate of a decedent who at the time of his or her death was not a resident in this state, or a guardian whose ward does not reside in this state, duly appointed and qualified under the laws of any other state, territory, or district of the United States shall have the power to and may assign and transfer any mortgage debt, note, and mortgage, held by or belonging to the decedent or to the ward, upon any real estate or personal property located in this state, provided a duly authenticated copy of the certificate of the appointment of the executor, administrator, or guardian, and evidence that the appointment has not been revoked, are annexed to the assignment and transfer.
History of Section.
C.P.A. 1905, § 853; G.L. 1909, ch. 312, § 27; G.L. 1923, ch. 363, § 27; G.L. 1938, ch. 575, § 25; P.L. 1943, ch. 1324, § 1; G.L. 1956, § 33-18-24.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-25. - Payment of debt or delivery of property to foreign fiduciary.

§ 33-18-25. Payment of debt or delivery of property to foreign fiduciary.
Any person or corporation in this state, before having actual notice of the pendency of an application in this state for letters testamentary of administration or guardianship may pay any money owing or deliver any personal property belonging to the estate of any decedent whose residence at the time of his or her death was not in this state, or belonging to any person under guardianship whose residence is not in this state, to the executor or administrator of the decedent or to the guardian of the ward duly appointed, qualified, and authorized to receive the same under the laws of any other state, territory or district of the United States; and the receipt for payment or delivery to the executor, administrator, or guardian shall be a valid discharge for that money and personal property.
History of Section.
C.P.A. 1905, § 842; G.L. 1909, ch. 312, § 28; G.L. 1923, ch. 363, § 28; G.L. 1938, ch. 575, § 26; G.L. 1956, § 33-18-25.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-26. - Action by foreign executor or administrator — Prerequisites.

§ 33-18-26. Action by foreign executor or administrator — Prerequisites.
If a corporation refuses to permit a transfer as provided in § 33-18-24 or a person indebted refuses to pay, or having possession refuses to deliver personal property as permitted in § 33-18-25, the executor or administrator, if there is no executor or administrator appointed in this state, upon application to the probate court of any town in this state in which any real estate of the decedent is located, or, if there is no real estate in this state, in which any personal property of the decedent is situated, or in which any debtor resides, or in which any corporation the decedent owned shares of stock or registered bonds is located, may be authorized by the court to transfer the shares and bonds or to take possession of the personal property and collect the debts, and the executor or administrator may demand, sue for, and recover the property or debts; provided, that no foreign executor or administrator shall be authorized to make any transfer or take possession of personal property under the provisions of this section until he or she shall have filed in the court a copy of the will, if any, and of his or her appointment, authenticated as provided in this chapter, nor until six (6) months after his or her appointment, nor until he or she shall have given bond to the probate court appointing him or her, unless sufficient bond has been given, nor until he or she shall have advertised notice of his or her application in this state at least once each week for two (2) successive weeks in some newspaper, as directed by the probate court; and provided, further, that no authority to transfer or take possession shall be granted, if any creditor of the deceased person or ward shall show to the probate court valid objections to the transfer or possession, supported by a sworn statement of his or her claim or demand and that the same is justly due.
History of Section.
C.P.A. 1905, § 843; G.L. 1909, ch. 312, § 29; G.L. 1923, ch. 363, § 29; G.L. 1938, ch. 575, § 27; G.L. 1956, § 33-18-26.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-27. - Perpetuation by fiduciary of evidence of payments and delivery — Final discharge.

§ 33-18-27. Perpetuation by fiduciary of evidence of payments and delivery — Final discharge.
If an executor, administrator, or guardian has paid or delivered to the persons entitled thereto the money or other property in his or her hands as required by a decree of a probate court, he or she may perpetuate the evidence of payment or delivery by presenting to the court, within one year after the decree is made, an account of the payments or delivery, together with the vouchers therefor, which shall be kept in the files of the court. The account, being proved to the satisfaction of the court, and verified by the oath of the executor, administrator, or guardian, shall be allowed as his or her final discharge and ordered to be recorded. This discharge shall forever exonerate the executor, administrator, or guardian, and his or her sureties, from all liability under the decree unless his or her account is impeached for fraud or manifest errors.
History of Section.
C.P.A. 1905, § 1006; G.L. 1909, ch. 319, § 12; G.L. 1923, ch. 370, § 12; G.L. 1938, ch. 580, § 10; G.L. 1956, § 33-18-27.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-28. - Decree ratifying payment or delivery by fiduciary without order.

§ 33-18-28. Decree ratifying payment or delivery by fiduciary without order.
If, without an order of court, an executor, administrator, or guardian pays or delivers any money or other property in his or her hands to a legatee, distributee, or ward, and thereafter renders an account, upon oath, with a full and detailed statement, to the probate court, and after notice it appears that the person to whom the money has been paid or property delivered would have been entitled to an order of court for the payment or delivery, and that the account ought to be allowed, the probate court may make a decree, which shall have the same effect to exonerate and discharge the executor, administrator, or guardian, and his or her sureties, from further liability as if the payment or delivery had been made under a previous order of the probate court.
History of Section.
C.P.A. 1905, § 1007; G.L. 1909, ch. 319, § 13; G.L. 1923, ch. 370, § 13; G.L. 1938, ch. 580, § 11; G.L. 1956, § 33-18-28.