reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-2 - Simultaneous Deaths › Section 33-2-4. - Joint tenants or tenants by entirety dying simultaneously.

§ 33-2-4. Joint tenants or tenants by entirety dying simultaneously.
Where there is no sufficient evidence that two (2) joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one-half (½) as if one had survived and one-half (½) as if the other had survived. If there are more than two (2) joint tenants and all of them have so died the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
History of Section.
P.L. 1947, ch. 1871, § 3; G.L. 1956, § 33-2-4.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-2 - Simultaneous Deaths › Section 33-2-5. - Insurance policies.

§ 33-2-5. Insurance policies.
Where the insured and the beneficiary in a policy of life or accident insurance have died, and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
History of Section.
P.L. 1947, ch. 1871, § 4; G.L. 1956, § 33-2-5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-2 - Simultaneous Deaths › Section 33-2-6. - Chapter not retroactive.

§ 33-2-6. Chapter not retroactive.
This chapter shall not apply to the distribution of the property of a person who has died before April 28, 1947.
History of Section.
P.L. 1947, ch. 1871, § 5; G.L. 1956, § 33-2-6.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-2 - Simultaneous Deaths › Section 33-2-7. - Chapter inapplicable where other provisions made.

§ 33-2-7. Chapter inapplicable where other provisions made.
This chapter shall not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this chapter.
History of Section.
P.L. 1947, ch. 1871, § 6; G.L. 1956, § 33-2-7.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-2 - Simultaneous Deaths › Section 33-2-8. - Uniformity of construction.

§ 33-2-8. Uniformity of construction.
This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.
History of Section.
P.L. 1947, ch. 1871, § 7; G.L. 1956, § 33-2-8.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-2 - Simultaneous Deaths › Section 33-2-9. - Severability.

§ 33-2-9. Severability.
If any of the provisions of this chapter or the application thereof to any persons or circumstances is held invalid such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1947, ch. 1871, § 9; G.L. 1956, § 33-2-9.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-3 - Division of Real Estate › Section 33-3-1. - Power of probate court — Application for division.

§ 33-3-1. Power of probate court — Application for division.
After payment of the debts, charges, and expenses of settling the estate of any person dying intestate, the probate court which granted administration on the estate may divide the real estate of which such intestate died seised, among the parties entitled thereto, in the proportion by law prescribed, whenever application in writing shall be made to it for such purpose by all the parties setting forth and particularly describing each parcel of the real estate.
History of Section.
C.P.A. 1905, § 942; G.L. 1909, ch. 316, § 10; G.L. 1923, ch. 367, § 10; G.L. 1938, ch. 567, § 10; G.L. 1956, § 33-3-1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-3 - Division of Real Estate › Section 33-3-2. - Time of proceeding — Notice.

§ 33-3-2. Time of proceeding — Notice.
Upon the filing of such application a time shall be appointed for proceeding therein, and notice thereof shall be given, in such manner as the probate court shall appoint, to the parties in interest.
History of Section.
C.P.A. 1905, § 943; G.L. 1909, ch. 316, § 11; G.L. 1923, ch. 367, § 11; G.L. 1938, ch. 567, § 11; G.L. 1956, § 33-3-3-2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-3 - Division of Real Estate › Section 33-3-3. - Decree determining parties entitled — Appointment of commissioners.

§ 33-3-3. Decree determining parties entitled — Appointment of commissioners.
At the time appointed, the court shall by decree determine who are the parties entitled to a share of the intestate’s estate, the amount of advancement made by the intestate to any of the parties, and the share to which each of the parties is entitled out of the real estate; and shall thereupon appoint three (3) discreet and disinterested persons, residing in any of the towns wherein the lands to be divided lie, as commissioners to make partition thereof according to the decree.
History of Section.
C.P.A. 1905, § 944; G.L. 1909, ch. 316, § 12; G.L. 1923, ch. 367, § 12; G.L. 1938, ch. 567, § 12; G.L. 1956, § 33-3-3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-3 - Division of Real Estate › Section 33-3-4. - Directions as to advancements.

§ 33-3-4. Directions as to advancements.
If any child or grandchild of an intestate shall have received from him or her any real or personal estate for his or her advancement, the probate court shall ascertain the amount thereof before appointing commissioners to divide the real estate, and shall, in its decree of division, direct the commissioners to deduct the amount thereof from the share of the child or grandchild.
History of Section.
C.P.A. 1905, § 954; G.L. 1909, ch. 316, § 22; G.L. 1923, ch. 367, § 22; G.L. 1938, ch. 567, § 22; G.L. 1956, § 33-3-4.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-3 - Division of Real Estate › Section 33-3-5. - Warrants to commissioners.

§ 33-3-5. Warrants to commissioners.
The court shall issue its warrants to the commissioners, which shall be in substance as follows:
THE STATE OF RHODE ISLAND.
SC.
To .............. of .............. in the county of .........................................
Greeting:
Whereas the probate court of the town of .............. at its session on the .............. day of .............. did pass the following decree, to wit: [Here insert a copy of the decree.]
You are therefore hereby authorized, after being engaged to the faithful discharge of the trust reposed in you, to appraise all the real estate described and referred to in the decree, each parcel by itself, at the present value thereof in money, and, after having made such appraisement, to divide the real estate among the parties named in the decree in the proportions set forth therein. You are to let all persons named in the decree have notice when you proceed to make such appraisement and division, and, having completed the same, you are to make return of this warrant, with your doings thereon, unto this probate court as soon as may be. Signed for and in behalf of the probate court on this .......... day of .........
, Clerk.
History of Section.
C.P.A. 1905, § 945; G.L. 1909, ch. 316, § 13; G.L. 1923, ch. 367, § 13; G.L. 1938, ch. 567, § 13; G.L. 1956, § 33-3-5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-3 - Division of Real Estate › Section 33-3-6. - Division of property by commissioners.

§ 33-3-6. Division of property by commissioners.
The commissioners shall proceed, as soon as may be after receiving their warrant, to execute the duties required of them by virtue thereof and divide the real estate in the manner and proportions prescribed in the decree recited in the warrant.
History of Section.
C.P.A. 1905, § 946; G.L. 1909, ch. 316, § 14; G.L. 1923, ch. 367, § 14; G.L. 1938, ch. 567, § 14; G.L. 1956, § 33-3-6.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-3 - Division of Real Estate › Section 33-3-7. - Assignment of shares by lot or agreement.

§ 33-3-7. Assignment of shares by lot or agreement.
If the share of any of the parties shall be less than the share of each of the other parties, and the shares of those other parties be equal, in such case the commissioners shall set off the smaller share to such party and assign the other shares by lot; and the assignment shall also be by lot if all the shares be equal; provided, that if all the parties be sui juris the assignment may be made by agreement among themselves.
History of Section.
C.P.A. 1905, § 947; G.L. 1909, ch. 316, § 15; G.L. 1923, ch. 367, § 15; G.L. 1938, ch. 567, § 15; G.L. 1956, § 33-3-7.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-3 - Division of Real Estate › Section 33-3-8. - Commissioners’ report.

§ 33-3-8. Commissioners’ report.
The commissioners shall make report of all their proceedings under the warrant to the probate court that appointed them; which report shall be passed upon by the court after notice, and, if finally established, shall be recorded in the records of land evidence in the several towns or cities wherein any of the lands lie.
History of Section.
C.P.A. 1905, § 948; G.L. 1909, ch. 316, § 16; G.L. 1923, ch. 367, § 16; G.L. 1938, ch. 567, § 16; G.L. 1956, § 33-3-8.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-3 - Division of Real Estate › Section 33-3-9. - Representation of infants and persons non compos mentis.

§ 33-3-9. Representation of infants and persons non compos mentis.
In case any infant or person non compos mentis shall be interested in the partition of any estate as provided in § 33-3-3, the application for the same shall be made and signed by his or her guardian, if he or she has one, otherwise by his or her guardian ad litem appointed by the court, whose acts in the premises shall be conclusive on such infant or person non compos mentis.
History of Section.
C.P.A. 1905, § 949; G.L. 1909, ch. 316, § 17; G.L. 1923, ch. 367, § 17; G.L. 1938, ch. 567, § 17; G.L. 1956, § 33-3-9.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-3 - Division of Real Estate › Section 33-3-10. - Real estate not disposed of by will.

§ 33-3-10. Real estate not disposed of by will.
Whenever any person shall die leaving a last will and testament duly executed, and shall at the time of his or her decease be seised of any real estate not disposed of by the will, the estate shall be divided among the heirs at law of the deceased in the same manner as though he or she had left no will.
History of Section.
C.P.A. 1905, § 950; G.L. 1909, ch. 316, § 18; G.L. 1923, ch. 367, § 18; G.L. 1938, ch. 567, § 18; G.L. 1956, § 33-3-10.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-3 - Division of Real Estate › Section 33-3-11. - Division of real estate devised in common.

§ 33-3-11. Division of real estate devised in common.
Real estate held in common by devise may be divided, according to the respective rights of the parties entitled to such real estate, in the manner and form prescribed in this chapter for the division of intestate estates, and the like proceedings shall be had for effecting and confirming the same; provided, that the interest of surviving spouse shall be subject to distribution in accordance with §§ 33-25-1 — 33-25-6.
History of Section.
C.P.A. 1905, § 951; G.L. 1909, ch. 316, § 19; G.L. 1923, ch. 367, § 19; G.L. 1938, ch. 567, § 19; G.L. 1956, § 33-3-11.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-3 - Division of Real Estate › Section 33-3-12. - Division of remainder in property.

§ 33-3-12. Division of remainder in property.
Any part of the real estate of any testator or intestate as shall be assigned to his widow pursuant to § 33-1-6 shall, after her death, be divided among the devisees, or heirs at law, of the deceased, in the same manner as the real estate would have been divided in case it had not been assigned pursuant to § 33-1-6.
History of Section.
C.P.A. 1905, § 952; G.L. 1909, ch. 316, § 20; G.L. 1923, ch. 367, § 20; G.L. 1938, ch. 567, § 20; G.L. 1956, § 33-3-12; P.L. 1995, ch. 323, § 23.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-3 - Division of Real Estate › Section 33-3-13. - Payment of expenses of division on appeal to superior court.

§ 33-3-13. Payment of expenses of division on appeal to superior court.
Whenever partition or division shall be made by any probate court, and there shall be an appeal to the superior court, and any one or more of the interested parties shall neglect or refuse to pay their just proportion of the expense of such division, the probate court which ordered such division may issue a warrant of distress against such delinquent; provided, that an account of such expense be first laid before such probate court, and the just proportions of the persons interested be settled and allowed, they having been duly notified to be present at such settlement and allowance.
History of Section.
C.P.A. 1905, § 953; G.L. 1909, ch. 316, § 21; G.L. 1923, ch. 367, § 21; G.L. 1938, ch. 567, § 21; G.L. 1956, § 33-3-13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-3 - Division of Real Estate › Section 33-3-14. - Certificate of descent.

§ 33-3-14. Certificate of descent.
Prior to acceptance by the probate court of the final account or affidavit of complete administration, the fiduciary shall submit to the probate court an affidavit of no real property or a duly recorded certificate of descent which shall contain the name and place of residence of each person to whom the real property, or any portion thereof or interest therein is distributed, set out, or divided or descends, or a particular description of the estate, portion, or interest distributed, set out, or divided or descending to each person. Said certificate of descent shall be signed by the fiduciary.
History of Section.
P.L. 2001, ch. 296, § 1; P.L. 2006, ch. 589, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-4 - Dower and Jointure [Repealed.] › Section 33-4-1 - — 33-4-34. Repealed.

§ 33-4-1 — 33-4-34. Repealed.
History of Section.
G.L. 1896, ch. 264, § 1-9, 11-31; C.P.A. 1905, § 1161, 1162, 1163; G.L. 1909, ch. 329, § 1-30; G.L. 1923, ch. 380, § 1-3; P.L.1929, ch. 1317, § 1; G.L. 1938, ch. 418, § 1-30, 31; P.L. 1941, ch. 1004, § 2; Repealed by P.L. 1995, ch. 323, § 24, effective July 5, 1995.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-5 - Execution and Revocation of Wills › Section 33-5-1. - Definitions.

§ 33-5-1. Definitions.
As used in this chapter and chapter 6 of this title:
(1)
“Personal estate” shall extend to leasehold estate, and other chattels real, and also to money, stocks and other funds, securities for money, debts, choses in action, rights, credits, goods, and all other property whatsoever which by law devolve upon the executor or administrator and to any share or interest therein;
(2)
“Real estate” shall extend to lands, tenements and hereditaments, whether freehold or of any other tenure, and whether corporeal or incorporeal, and to any undivided share, of real estate, and to any estate, right or interest other than a chattel interest therein; and
(3)
“Will” shall extend to a testament and to a codicil and to an appointment by will, or by writing in the nature of a will, in exercise of a power.
History of Section.
G.L. 1896, ch. 203, § 1; G.L. 1909, ch. 254, § 1; G.L. 1923, ch. 298, § 1; G.L. 1938, ch. 566, § 1; G.L. 1956, § 33-5-1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-5 - Execution and Revocation of Wills › Section 33-5-2. - Testamentary capacity — Property subject to will.

§ 33-5-2. Testamentary capacity — Property subject to will.
Every person of sane mind and eighteen (18) years or older in age, may devise, bequeath, or dispose of, by his or her will, executed in the manner required by this chapter, all real estate and all personal estate, which he or she shall be entitled to either at law or in equity at the time of his or her death and which, if not so devised, bequeathed or disposed of, would devolve upon the heir at law, or upon his or her executor or administrator, but not including an estate tail. The power hereby given shall extend to all real estate, including all estate per autre vie, and all estates, whether they shall be freehold or of any other tenure, and all estates, whether they shall be corporeal or incorporeal hereditaments, and also to all contingent, executor, or other future interests, in any real or personal estate, whether the testator may or may not be ascertained as the person or one of the persons in whom the estates respectively may become vested, and whether he or she may become entitled thereto under the instrument by which the estates respectively were created, or under any disposition thereof by deed or will, and also to all rights of entry for conditions broken and other rights of entry, and also to such of the same estates, interests and rights respectively, and other real and personal estate, as the testator may be entitled to at the time of his or her death, notwithstanding that he or she may become entitled to the same subsequently to the execution of his or her will.
History of Section.
G.L. 1896, ch. 203, § 2; G.L. 1909, ch. 254, § 2; G.L. 1923, ch. 298, § 2; G.L. 1938, ch. 566, § 2; G.L. 1956, § 33-5-2; P.L. 1988, ch. 146, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-5 - Execution and Revocation of Wills › Section 33-5-3. - Repealed.

§ 33-5-3. Repealed.
History of Section.
G.L. 1896, ch. 203, § 5; G.L. 1909, ch. 254, § 5; G.L. 1923, ch. 298, § 5; G.L. 1938, ch. 566, § 5; G.L. 1956, § 33-5-3; Repealed by P.L. 1988, ch. 146, § 2, effective June 2, 1988.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-5 - Execution and Revocation of Wills › Section 33-5-4. - Nomination of guardian by will.

§ 33-5-4. Nomination of guardian by will.
Every person authorized by law to make a will may nominate by the person’s will a guardian or guardians for the person’s children during their minority, and a successor guardian or guardians for persons with intellectual or developmental disabilities as defined in chapter 22 of title 40.1 for whom the person had been appointed guardian during the person’s lifetime, and the probate court shall appoint the guardian or guardians unless good cause be shown to the contrary; provided, that, in the case of husband and wife, the survivor, being otherwise qualified, shall be the guardian of their children.
History of Section.
G.L. 1896, ch. 203, § 3; G.L. 1909, ch. 254, § 3; G.L. 1923, ch. 298, § 3; G.L. 1938, ch. 566, § 3; G.L. 1956, § 33-5-4; P.L. 1980, ch. 141, § 1; P.L. 2023, ch. 61, § 5, effective June 14, 2023; P.L. 2023, ch. 62, § 5, effective June 14, 2023.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-5 - Execution and Revocation of Wills › Section 33-5-5. - Execution of will — Acknowledgment and attestation.

§ 33-5-5. Execution of will — Acknowledgment and attestation.
No will shall be valid, except as provided in §§ 33-5-6 and 33-5-7, unless it shall be in writing and signed by the testator, or by some other person for him or her in his or her presence and by his or her express direction; and this signature shall be made or acknowledged by the testator in the presence of two (2) or more witnesses present at the same time, and the witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary, and no other publication shall be necessary.
History of Section.
G.L. 1896, ch. 203, § 13; G.L. 1909, ch. 254, § 13; G.L. 1923, ch. 298, § 13; G.L. 1938, ch. 566, § 13; G.L. 1956, § 33-5-5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-5 - Execution and Revocation of Wills › Section 33-5-6. - Persons in military service — Sailors.

§ 33-5-6. Persons in military service — Sailors.
Any soldier or airman in actual military service, or any mariner or sailor at sea, may dispose of his or her personal estate by will as he or she might heretofore have done.
History of Section.
G.L. 1896, ch. 203, § 20; G.L. 1909, ch. 254, § 20; G.L. 1923, ch. 298, § 20; G.L. 1938, ch. 566, § 20; G.L. 1956, § 33-5-6.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-5 - Execution and Revocation of Wills › Section 33-5-7. - Wills conforming to laws of other states.

§ 33-5-7. Wills conforming to laws of other states.
Any last will and testament executed outside this state in the mode prescribed by the law, either of the place where executed or of the testator’s domicile, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of this state; provided, the last will and testament is in writing and subscribed by the testator.
History of Section.
G.L. 1896, ch. 203, § 36; G.L. 1909, ch. 254, § 36; P.L. 1911, ch. 706, § 1; G.L. 1923, ch. 298, § 36; G.L. 1938, ch. 566, § 35; G.L. 1956, § 33-5-7.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-5 - Execution and Revocation of Wills › Section 33-5-8. - Conformation to law at time of execution.

§ 33-5-8. Conformation to law at time of execution.
A will of real or personal estate made and executed in conformity with the law existing at the time of execution, shall be effective to pass the estate.
History of Section.
G.L. 1896, ch. 203, § 19; G.L. 1909, ch. 254, § 19; G.L. 1923, ch. 298, § 19; G.L. 1938, ch. 566, § 19; G.L. 1956, § 33-5-8.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-5 - Execution and Revocation of Wills › Section 33-5-9. - Revocation of will by marriage.

§ 33-5-9. Revocation of will by marriage.
The marriage of a person shall act as a revocation of a will made by him or her previous to the marriage, unless it appears from the will that it was made in contemplation thereof; but if the will exercises a power of appointment and the real and personal property thereby appointed would not, in default of the appointment, pass to the persons who would have been entitled to it had it been the property and estate of the testator or testatrix making the appointment and had he or she died intestate, so much of the will as makes the appointment shall not be revoked by the marriage.
History of Section.
G.L. 1896, ch. 203, § 16; G.L. 1909, ch. 254, § 16; G.L. 1923, ch. 298, § 16; P.L. 1931, ch. 1754, § 1; G.L. 1938, ch. 566, § 16; G.L. 1956, § 33-5-9; P.L. 1986, ch. 175, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-5 - Execution and Revocation of Wills › Section 33-5-9.1. - Revocation of provision in will for divorced spouse.

§ 33-5-9.1. Revocation of provision in will for divorced spouse.
The entry of a final judgment in the divorce of a person shall act as a revocation of all provisions for the benefit of the former spouse in a will made by the person prior to the divorce, unless it appears from the will that the will was made in contemplation of the divorce. All other provisions in the will shall take effect as though the former spouse had predeceased the person.
History of Section.
P.L. 1986, ch. 175, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-5 - Execution and Revocation of Wills › Section 33-5-10. - Methods of revoking will.

§ 33-5-10. Methods of revoking will.
No will or codicil or any part thereof shall be revoked except as provided in § 33-5-9, or by another will or codicil executed in the manner required by § 33-5-5, or by some writing declaring an intention to revoke the will and executed in the manner in which a will is required to be executed, or by burning, tearing, or otherwise destroying the will by the testator, or by some person in his or her presence and by his or her direction, with the intention of revoking the will.
History of Section.
G.L. 1896, ch. 203, § 17; G.L. 1909, ch. 254, § 17; G.L. 1923, ch. 298, § 17; G.L. 1938, ch. 566, § 17; G.L. 1956, § 33-5-10.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-5 - Execution and Revocation of Wills › Section 33-5-11. - Alteration of circumstances.

§ 33-5-11. Alteration of circumstances.
No will shall be revoked by any presumption of intention on the ground of an alteration in circumstances.
History of Section.
G.L. 1896, ch. 203, § 18; G.L. 1909, ch. 254, § 18; G.L. 1923, ch. 298, § 18; G.L. 1938, ch. 566, § 18; G.L. 1956, § 33-5-11.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-5 - Execution and Revocation of Wills › Section 33-5-12. - Wills prior to 1896.

§ 33-5-12. Wills prior to 1896.
This chapter and chapter 6 of this title and the provisions thereof shall not extend to any will made and executed prior to February 1, 1896, except as to those provisions hereof which contain substantially the same provisions of any statute of this state existing at the time of the making and execution of the will and applicable thereto; but, the law in force at the time of the execution of the will made and executed prior to that date, shall govern the will. Every will which shall, on or after February 1, 1896, have been reexecuted or revived by any codicil, shall, for the purposes of this chapter and chapter 6 of this title, be deemed to have been made at the time at which the will shall have been so reexecuted or revived.
History of Section.
G.L. 1896, ch. 203, § 45; G.L. 1909, ch. 254, § 45; G.L. 1923, ch. 298, § 45; G.L. 1938, ch. 566, § 44; G.L. 1956, § 33-5-12.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-1. - Gifts to attesting witnesses.

§ 33-6-1. Gifts to attesting witnesses.
If any person shall attest the execution of any will or codicil to whom any beneficial devise, legacy, estate, interest, gift, or appointment, or affecting any real or personal estate, other than and except charges and direction for the payment of any debt or debts, shall be thereby given or made, the devise, legacy, estate, interest, gift or appointment shall, so far only as concerns that person attesting the execution of the will, or codicil, or any person claiming under that person, be utterly null and void; but the person so attesting shall be admitted as a witness to prove the execution of the will, or codicil, or to prove the validity or invalidity thereof, notwithstanding the devise, legacy, estate, interest, gift, or appointment, mentioned in the will, or codicil.
History of Section.
G.L. 1896, ch. 203, § 32; G.L. 1909, ch. 254, § 32; G.L. 1923, ch. 298, § 32; G.L. 1938, ch. 566, § 31; G.L. 1956, § 33-6-1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-2. - Creditor attesting.

§ 33-6-2. Creditor attesting.
In case by any will or codicil any real or personal estate shall be charged with any debt or debts, and any creditor whose debt is so charged shall attest the execution of the will or codicil, the creditor, notwithstanding the charge, shall be admitted as a witness to prove the execution of the will or codicil, or to prove the validity or invalidity thereof.
History of Section.
G.L. 1896, ch. 203, § 33; G.L. 1909, ch. 254, § 33; G.L. 1923, ch. 298, § 33; G.L. 1938, ch. 566, § 32; G.L. 1956, § 33-6-2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-3. - Death of attesting beneficiary in lifetime of testator.

§ 33-6-3. Death of attesting beneficiary in lifetime of testator.
In case any devisee or legatee who shall attest the execution of any will or codicil which shall hereafter be made shall die in the lifetime of the testator or before the probate of the will, the devisee or legatee shall be deemed to have been a legal witness to the execution of the will or codicil within the intent of this chapter, notwithstanding the devise or legacy.
History of Section.
G.L. 1896, ch. 203, § 34; G.L. 1909, ch. 254, § 34; G.L. 1923, ch. 298, § 34; G.L. 1938, ch. 566, § 33; G.L. 1956, § 33-6-3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-4. - Executor or trustee as witness.

§ 33-6-4. Executor or trustee as witness.
No person shall, on account of his or her being an executor of, or trustee under, a will, be incompetent to be admitted a witness to prove the execution of the will or codicil, or to prove the validity or invalidity thereof.
History of Section.
G.L. 1896, ch. 203, § 35; G.L. 1909, ch. 254, § 35; G.L. 1923, ch. 298, § 35; G.L. 1938, ch. 566, § 34; G.L. 1956, § 33-6-4.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-5. - Construction as to real estate within state.

§ 33-6-5. Construction as to real estate within state.
All questions arising as to the meaning, interpretation, or construction of a will executed outside the state, affecting real estate within this state, shall be determined according to the laws of this state.
History of Section.
G.L. 1896, ch. 203, § 37; G.L. 1909, ch. 254, § 37; G.L. 1923, ch. 298, § 37; G.L. 1938, ch. 566, § 36; G.L. 1956, § 33-6-5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-6. - Time from which will speaks.

§ 33-6-6. Time from which will speaks.
Every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall expressly appear by the will.
History of Section.
G.L. 1896, ch. 203, § 6; G.L. 1909, ch. 254, § 6; G.L. 1923, ch. 298, § 6; G.L. 1938, ch. 566, § 6; G.L. 1956, § 33-6-6.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-7. - Devise without words of limitation.

§ 33-6-7. Devise without words of limitation.
Whenever any real estate shall be devised without words of limitation, the devise shall be construed to pass the fee simple, or the other whole estate or interest which the testator had power to dispose of by will in the real estate, unless a contrary intention shall appear by the will.
History of Section.
G.L. 1896, ch. 203, § 14; G.L. 1909, ch. 254, § 14; G.L. 1923, ch. 298, § 14; G.L. 1938, ch. 566, § 14; G.L. 1956, § 33-6-7.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-8. - Devise to executor or trustee.

§ 33-6-8. Devise to executor or trustee.
Where any real estate shall be devised to any trustee or executor, the devise shall be construed to pass the fee simple, or the other whole estate or interest which the testator had power to dispose of by will in the real estate, unless a definite term of years, absolute or determinable, or an estate of freehold, shall be thereby expressly given to him or her.
History of Section.
G.L. 1896, ch. 203, § 15; G.L. 1909, ch. 254, § 15; G.L. 1923, ch. 298, § 15; G.L. 1938, ch. 566, § 15; G.L. 1956, § 33-6-8.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-9. - Gift for life with remainder to issue.

§ 33-6-9. Gift for life with remainder to issue.
Whenever a devise or bequest is made to one for life and thereafter to his or her issue in any will hereafter made, issue shall be construed to be the children of the life tenant living at his or her death, and the lineal descendants of those children as may have then died, as tenants in common, but the descendants of any deceased child taking equally amongst them the share only which their deceased parent, if then living, would have taken.
History of Section.
G.L. 1896, ch. 203, § 11; G.L. 1909, ch. 254, § 11; G.L. 1923, ch. 298, § 11; G.L. 1938, ch. 566, § 11; G.L. 1956, § 33-6-9.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-10. - Limitation on fee tail.

§ 33-6-10. Limitation on fee tail.
No person seised in fee simple shall have a right to devise any estate in fee tail for a longer time than to the children of the first devisee; and a devise for life to any person and to the children or issue generally of the devisee in fee simple, shall not vest a fee tail estate in the first devisee but an estate for life only, and the remainder shall on his or her death vest in his or her children or issue generally agreeably to the direction of the will.
History of Section.
G.L. 1896, ch. 203, § 10; G.L. 1909, ch. 254, § 10; G.L. 1923, ch. 298, § 10; G.L. 1938, ch. 566, § 10; G.L. 1956, § 33-6-10.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-11. - Death of devisee in tail in lifetime of testator.

§ 33-6-11. Death of devisee in tail in lifetime of testator.
Where any person to whom real estate shall be devised an estate tail, or an estate in quasi entail, shall die in the lifetime of the testator, leaving issue who would be inheritable under the entail, and any issue shall be living at the time of the death of the testator, the devise shall not lapse but shall take effect as if the death of the devisee had happened immediately after the death of the testator, unless a contrary intention shall appear by the will.
History of Section.
G.L. 1896, ch. 203, § 8; G.L. 1909, ch. 254, § 8; G.L. 1923, ch. 298, § 8; G.L. 1938, ch. 566, § 8; G.L. 1956, § 33-6-11.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-12. - Commencement of income estate.

§ 33-6-12. Commencement of income estate.
When an annuity or the use, rent, income, or interest of property, real or personal, is given by a will, or by an instrument in the nature of a will, to or in trust for the benefit of a person for life or until the happening of a contingent event, that person shall be entitled to receive and enjoy the same from and after the death of the testator, unless it is otherwise provided in the will or instrument.
History of Section.
G.L. 1896, ch. 203, § 38; G.L. 1909, ch. 254, § 38; G.L. 1923, ch. 298, § 38; G.L. 1938, ch. 566, § 37; G.L. 1956, § 33-6-12.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-13. - Apportionment on termination of income estate.

§ 33-6-13. Apportionment on termination of income estate.
If the person entitled to an annuity, use, rent, income or interest dies, or if a contingent event happens, before the termination of a year from a time when the whole of the annual amount for the preceding year has become due, the annuity, use, rent, income or interest, for the then current year, shall be apportioned, and that person or his or her representatives shall be entitled to receive a proportionate part thereof, unless it is otherwise provided in the will or instrument.
History of Section.
G.L. 1896, ch. 203, § 39; G.L. 1909, ch. 254, § 39; G.L. 1923, ch. 298, § 39; G.L. 1938, ch. 566, § 38; G.L. 1956, § 33-6-13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-14. - Suit for recovery of income from executor.

§ 33-6-14. Suit for recovery of income from executor.
No suit for the recovery of an annuity or interest shall be brought against an executor until the expiration of one year after his or her giving bond for the discharge of his or her trust.
History of Section.
G.L. 1896, ch. 203, § 40; G.L. 1909, ch. 254, § 40; G.L. 1923, ch. 298, § 40; G.L. 1938, ch. 566, § 39; G.L. 1956, § 33-6-14.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-15. - Interest on general pecuniary legacies.

§ 33-6-15. Interest on general pecuniary legacies.
Unless otherwise provided in the will, a general pecuniary legatee shall not be entitled to interest on his or her legacy for the period of one year from and after the death of the testator. After the one year period the executor or administrator with the will annexed, unless otherwise provided by the testator, shall not be chargeable for more interest on any pecuniary legacy than the entire net income actually earned by the legacy if and when left in the investment as made by the testator, or actually invested in notes secured by mortgage upon real estate situated in this state, or in the bonds of any city or town in this state, or deposited in any savings bank in this state, or in the participation account of any trust company in this state, or invested in any other manner specially ordered by the probate court. But if otherwise invested, the legacy shall bear interest at the rate of six percent (6%) per annum or such larger rate as the same may have earned; provided, however, that nothing herein contained shall authorize executors or administrators to make investments other than trustees are allowed to make, unless specially authorized by the will to do so.
History of Section.
G.L. 1896, ch. 203, § 41; G.L. 1909, ch. 254, § 41; G.L. 1923, ch. 298, § 41; G.L. 1938, ch. 566, § 40; G.L. 1956, § 33-6-15.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-16. - Life estate or term for years in property consumed by use.

§ 33-6-16. Life estate or term for years in property consumed by use.
When a testator shall by will bequeath the use for life or for a term of years of any livestock, provisions, wearing apparel, or other personal property, which will necessarily be consumed by using, the bequest shall give to the legatee an absolute estate in the property so bequeathed.
History of Section.
G.L. 1896, ch. 203, § 44; G.L. 1909, ch. 254, § 44; G.L. 1923, ch. 298, § 44; G.L. 1938, ch. 566, § 43; G.L. 1956, § 33-6-16.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-17. - General devises and bequests.

§ 33-6-17. General devises and bequests.
A general devise of the real estate of the testator, or of the real estate of the testator in any place or in the occupation of any person mentioned in his or her will, or otherwise described in a general manner, shall be construed to include any real estate or any real estate to which the description shall extend, as the case may be, which he or she may have power to appoint in any manner he or she may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will. In like manner, a bequest of the personal estate of the testator or any bequest of personal property described in a general manner shall be construed to include any personal estate or any personal estate to which the description shall extend, as the case may be, which he or she may have power to appoint in any manner he or she may think proper, and shall operate as an execution of such power, unless a contrary intention shall appear by the will.
History of Section.
G.L. 1896, ch. 203, § 9; G.L. 1909, ch. 254, § 9; G.L. 1923, ch. 298, § 9; G.L. 1938, ch. 566, § 9; G.L. 1956, § 33-6-17.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-18. - Devise of lands of which testator is not seised.

§ 33-6-18. Devise of lands of which testator is not seised.
When a person devises lands of which he or she is not seised, but in which he or she has a right of entry, or when a testator after making a will is disseised of lands devised by the will, the lands shall nevertheless pass to the devisee in like manner as they would have descended to the testator’s heirs if he or she had died intestate; and the devisee shall have the like remedy for the recovery of the land as the heirs might have had.
History of Section.
G.L. 1896, ch. 203, § 4; G.L. 1909, ch. 254, § 4; G.L. 1923, ch. 298, § 4; G.L. 1938, ch. 566, § 4; G.L. 1956, § 33-6-18.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-19. - Substitution of issue for beneficiary predeceasing testator.

§ 33-6-19. Substitution of issue for beneficiary predeceasing testator.
When any person to whom any real or personal estate shall be devised or bequeathed for any estate or interest not determinable at or before the death of that person, shall die in the lifetime of the testator, leaving issue, and any issue of that person shall be living at the time of the death of the testator, such devise or bequest shall not lapse, but shall take effect and operate as a devise or bequest from the testator to that issue, in such proportions as the estate of the devisee or legatee would go to them had he or she died intestate immediately after the death of the testator, unless a contrary intention shall appear by the will.
History of Section.
G.L. 1896, ch. 203, § 31; G.L. 1909, ch. 254, § 31; G.L. 1923, ch. 298, § 31; G.L. 1938, ch. 566, § 30; G.L. 1956, § 33-6-19.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-20. - Devisee or legatee predeceased without issue.

§ 33-6-20. Devisee or legatee predeceased without issue.
Unless a contrary intention shall appear by the will, such real estate or interest therein as shall be comprised or intended to be comprised in any devise contained in the will, which shall fail or be void by reason of the death of the devisee in the lifetime of the testator without leaving issue of the devisee living at the time of the testator’s death, or by reason of the devise being contrary to law or otherwise incapable of taking effect, shall be included in the residuary devise, if any, contained in the will. If a residuary devisee or legatee dies before the testator without leaving issue living at the time of the testator’s death, and if there be other residuary devisees or legatees named in the will in the same residuary clause, the other residuary devisees or legatees named in that clause, whether a class or not, shall take at the testator’s death the share of the residuary devisee or legatee so dying in like proportions as their shares bear one to another as expressed in the will under the residuary clause.
History of Section.
G.L. 1896, ch. 203, § 7; G.L. 1909, ch. 254, § 7; G.L. 1923, ch. 298, § 7; G.L. 1938, ch. 566, § 7; G.L. 1956, § 33-6-20.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-21, 33-6-22. - Repealed.

§ 33-6-21, 33-6-22. Repealed.
History of Section.
G.L. 1896, ch. 203, § 12; G.L. 1909, ch. 254, §§ 12, 21; G.L. 1923, ch. 298, §§ 12, 21; G.L. 1938, ch. 566, §§ 12, 21; P.L. 1942, ch. 1119, § 1; 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 33-6-23. - Pretermitted issue.

§ 33-6-23. Pretermitted issue.
When a testator omits to provide in his or her will for any child of his or hers born after the execution of his or her will, either during his or her lifetime or after his or her death, or for any issue of a deceased child of his or hers dying after the execution of his or her will, or for any issue born after the execution of his or her will of a deceased child of his or hers dying before the will’s execution, that child or issue shall take the same share of the testator’s estate as that child or issue would have been entitled to if the testator had died intestate, unless it appears that the omission was intentional and not occasioned by accident or mistake. The term “will”, as used in this section, shall be deemed to include the testator’s will and all codicils thereto effective at the testator’s death; and the term “the execution of his or her will” shall be deemed, in a case in which there is a codicil or codicils, to refer to the execution of the latest codicil effective at the testator’s death.
History of Section.
G.L. 1896, ch. 203, §§ 22, 23; G.L. 1909, ch. 254, §§ 22, 23; G.L. 1923, ch. 298, §§ 22, 23; P.L. 1931, ch. 1754, § 2; G.L. 1938, ch. 566, § 22; G.L. 1956, § 33-6-23.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-24. - Apportionment of share taken by pretermitted child.

§ 33-6-24. Apportionment of share taken by pretermitted child.
When a posthumous child, or a child, or the issue of a child, omitted in the will, takes under the provisions of § 33-6-23 a portion of the estate of a testator, that portion shall be taken equally from all the devisees and legatees in proportion to the value of what they respectively receive under the will, unless in consequence of a specific devise or legacy, or of some other provision of the will, a different apportionment is found necessary in order to give effect to the testator’s intention regarding that part of his or her estate which passes by his or her will.
History of Section.
G.L. 1896, ch. 203, § 24; G.L. 1909, ch. 254, § 24; G.L. 1923, ch. 298, § 24; P.L. 1931, ch. 1754, § 4; G.L. 1938, ch. 566, § 23; G.L. 1956, § 33-6-24.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-6 - Proof and Construction of Wills › Section 33-6-25. - Repealed.

§ 33-6-25. Repealed.
History of Section.
G.L. 1896, ch. 203, § 25; G.L. 1909, ch. 254, § 25; G.L. 1923, ch. 298, § 25; G.L. 1938, ch. 566, § 24; 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 33-6-26. - Intent of testator as to apportionment of debts.

§ 33-6-26. Intent of testator as to apportionment of debts.
In case the testator, by making a specific devise or bequest, has virtually exempted a devisee or legatee from liability to contribute with the others for the payment of debts, or if by any other provisions in his or her will he or she has prescribed or required an appropriation of his or her estate different from that prescribed in § 33-6-25, his or her property shall be appropriated and applied in conformity with the will, so far as such appropriation and application can be made without affecting the liability of his or her whole estate for the payment of his or her debts and the charges of settling his or her estate.
History of Section.
G.L. 1896, ch. 203, § 26; G.L. 1909, ch. 254, § 26; G.L. 1923, ch. 298, § 26; G.L. 1938, ch. 566, § 25; G.L. 1956, § 33-6-26.