reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-29. - Deposit of unclaimed funds in court — Payment by court.

§ 33-18-29. Deposit of unclaimed funds in court — Payment by court.
If money, which a decree of a probate court has ordered to be paid over, remains for six (6) months unclaimed, the executor, administrator, or guardian who was ordered to pay over the money may deposit it in the registry of the probate court to accumulate for the benefit of the person entitled to the money. The person making the deposit shall take the receipt of the probate court for the money, and then shall be discharged from all liability as to the money. When the person entitled to the money deposited satisfies the probate court of his or her right to receive the same, the court shall cause it to be paid over and transferred to him or her, with all accumulations of money.
History of Section.
C.P.A. 1905, § 1009; G.L. 1909, ch. 319, § 15; G.L. 1923, ch. 370, § 15; G.L. 1938, ch. 579, § 31; G.L. 1956, § 33-18-29.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-30. - Delivery of funds, securities, or instruments into court for which fiduciary cannot give proper discharge.

§ 33-18-30. Delivery of funds, securities, or instruments into court for which fiduciary cannot give proper discharge.
If an executor, administrator, or guardian holds any money, stock certificates, bond, or other chose in action payable or deliverable to a legatee, next of kin, ward, or other person, and the person entitled thereto cannot give a proper discharge therefor, or is out of the country, or his or her whereabouts are unknown after proper inquiry, and the executor, administrator, or guardian desires to free himself or herself from further liability therefor, he or she may pay or deliver the property into the registry of the probate court which appointed him or her, and present therewith his or her petition praying to be discharged, and setting out under oath the title of the person and why he or she cannot give proper discharge therefor.
History of Section.
C.P.A. 1905, § 1010; G.L. 1909, ch. 319, § 16; G.L. 1923, ch. 370, § 16; G.L. 1938, ch. 579, § 32; G.L. 1956, § 33-18-30.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-18 - Decedents’ and Incompetents’ Estates Generally › Section 33-18-31. - Hearing and decree on funds, securities, or instruments for which fiduciary cannot give proper discharge — Costs and expenses — Payment or delivery by court.

§ 33-18-31. Hearing and decree on funds, securities, or instruments for which fiduciary cannot give proper discharge — Costs and expenses — Payment or delivery by court.
Upon the filing of a petition, such notice of the time and place of hearing thereon shall be given as the court shall direct; and after a hearing on the petition, the court may enter a decree granting a discharge, if it deems it proper, and thereafter the executor, administrator or guardian shall be relieved from all liability for the money, stock certificate, bond or other chose in action, and interest thereon. All costs and expenses on the petition, including expenses and counsel fees of the executor, administrator or guardian, as allowed by the court, shall be paid or retained out of the money or be a lien on any stock or chose in action and any dividend or interest payable thereon. When any person entitled to money, stock or chose in action shall appear and satisfy the court as to his or her right thereto, the same with the accumulations thereof, after deducting the expenses and counsel fees, shall be paid or delivered to him or her as the court shall direct.
History of Section.
C.P.A. 1905, § 1011; G.L. 1909, ch. 319, § 17; G.L. 1923, ch. 370, § 17; G.L. 1938, ch. 579, § 33; G.L. 1956, § 33-18-31.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-1. - Court consent to mortgage.

§ 33-19-1. Court consent to mortgage.
The probate court which issued letters testamentary or of administration or guardianship may authorize an executor, administrator, or guardian to mortgage the real estate of the deceased or ward upon a petition filed, describing the particular estate to be mortgaged, the amount of money necessary to be raised, and the purpose for which the money is required, and the decree of the court upon the petition shall fix the amount for which the mortgage is to be given and the rate of interest which may be paid on the mortgage, and may order the whole or any part of the loan to be paid from time to time out of the income of the property mortgaged.
History of Section.
C.P.A. 1905, § 737; G.L. 1909, ch. 308, § 4; P.L. 1918, ch. 1640, § 2; P.L. 1920, ch. 1844, § 1; G.L. 1923, ch. 359, § 4; G.L. 1938, ch. 570, § 4; G.L. 1956, § 33-19-1; P.L. 1995, ch. 323, § 28.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-2. - Terms of mortgages and notes.

§ 33-19-2. Terms of mortgages and notes.
A mortgage given by an executor, administrator, or guardian, under leave from a probate court, may contain such powers of sale, conditions and covenants as are usual in mortgages taken by savings banks in this state. Notes secured by, and covenants contained in, mortgages given by executors, administrators, and guardians, so far as those notes and covenants are made by the executor, administrator, or guardian as such, shall not bind the executor, administrator, or guardian personally, but only the estate of the deceased or ward.
History of Section.
C.P.A. 1905, § 751; G.L. 1909, ch. 308, § 18; P.L. 1918, ch. 1640, § 5; G.L. 1923, ch. 359, § 18; G.L. 1938, ch. 570, § 18; G.L. 1956, § 33-19-2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-3. - Authority to sell real estate.

§ 33-19-3. Authority to sell real estate.
The probate court which issued letters testamentary, of administration, guardianship, or conservatorship may grant authority to an executor or administrator to sell the real estate of a deceased person, or to a guardian or conservator to sell the real estate of his or her ward, for cash or on credit, upon a petition filed describing the particular estate to be sold and setting forth the facts on which the petition is founded.
History of Section.
C.P.A. 1905, § 738; G.L. 1909, ch. 308, § 5; G.L. 1923, ch. 359, § 5; G.L. 1938, ch. 570, § 5; G.L. 1956, § 33-19-3; P.L. 1983, ch. 204, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-4. - Sale of whole real estate to prevent injury.

§ 33-19-4. Sale of whole real estate to prevent injury.
If in any case it appears to the court to be necessary to sell only a part of the real estate described, but that by the partial sale, the residue of the estate or of some part thereof would be greatly injured, the court may authorize the sale of the whole of the estate or such part of the estate as may appear advisable.
History of Section.
C.P.A. 1905, § 739; G.L. 1909, ch. 308, § 6; G.L. 1923, ch. 359, § 6; G.L. 1938, ch. 570, § 6; G.L. 1956, § 33-19-4.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-5. - Finality of decree authorizing sale or mortgage — Claims against estate.

§ 33-19-5. Finality of decree authorizing sale or mortgage — Claims against estate.
When a decree is granted by a probate court authorizing a sale or mortgage of real estate of a deceased person, or of a person under guardianship, the adjudication of the court that the sale or mortgage is required shall be final so far as it may affect any title acquired by virtue of the decree; but nothing contained in this section shall affect the right of the executor, administrator, or guardian to contest the validity of any claim against the estate or ward.
History of Section.
C.P.A. 1905, § 760; G.L. 1909, ch. 308, § 27; P.L. 1918, ch. 1640, § 6; G.L. 1923, ch. 359, § 27; G.L. 1938, ch. 570, § 27; G.L. 1956, § 33-19-5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-6. - Duration of authority to sell or mortgage.

§ 33-19-6. Duration of authority to sell or mortgage.
Every license granted by a probate court to sell real estate shall continue in force for one year, and every license to mortgage real estate shall continue in force for six (6) months, from the date of the decree; but the conveyance may be executed and delivered after these periods, respectively.
History of Section.
C.P.A. 1905, § 761; G.L. 1909, ch. 308, § 28; G.L. 1923, ch. 359, § 28; G.L. 1938, ch. 570, § 28; G.L. 1956, § 33-19-6.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-7. - Executor’s or administrator’s bond to cover application of proceeds of mortgage or sale.

§ 33-19-7. Executor’s or administrator’s bond to cover application of proceeds of mortgage or sale.
Every executor or administrator empowered to sell or mortgage real estate as provided in § 33-19-3 shall, before making the sale or mortgage, give bond with a surety or sureties satisfactory to the court that he or she will apply the proceeds of the sale or mortgage to the purposes for which it was made.
History of Section.
C.P.A. 1905, § 744; G.L. 1909, ch. 308, § 11; G.L. 1923, ch. 359, § 11; G.L. 1938, ch. 570, § 11; G.L. 1956, § 33-19-7.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-8. - Guardian’s bond to cover proceeds of the sale or mortgage.

§ 33-19-8. Guardian’s bond to cover proceeds of the sale or mortgage.
Every guardian empowered to sell or mortgage as provided in this chapter shall, before making the sale or mortgage, give bond with a surety or sureties satisfactory to the court that he or she will apply the proceeds of the sale or mortgage to the purposes for which the sale or mortgage was authorized, and invest the proceeds, or the surplus thereof, as the case may be, in such investments as are allowed by law, or in such other manner as the court may direct.
History of Section.
C.P.A. 1905, § 745; G.L. 1909, ch. 308, § 12; G.L. 1923, ch. 359, § 12; G.L. 1938, ch. 570, § 12; G.L. 1956, § 33-19-8.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-9. - Public or private sale — Petitioner as purchaser — Minimum price fixed.

§ 33-19-9. Public or private sale — Petitioner as purchaser — Minimum price fixed.
The probate court may authorize executors, administrators, and guardians, at their option, to sell real estate of a deceased or of a ward, either at public auction or by private contract. The court, on petition with notice, if satisfied that the action will not be prejudicial to the interests of the estate, may authorize the petitioner to become the purchaser of the real estate, at public or private sale; provided, however, that, in any instance, if a sale be made by private contract, the sale shall be made for not less than the sum fixed by the court in its decree authorizing the sale.
History of Section.
C.P.A. 1905, § 740; G.L. 1909, ch. 308, § 7; G.L. 1923, ch. 359, § 7; P.L. 1929, ch. 1378, § 1; P.L. 1931, ch. 1768, § 1; P.L. 1936, ch. 2391, § 1; G.L. 1938, ch. 570, § 7; G.L. 1956, § 33-19-9.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-10. - Notice of sale at auction.

§ 33-19-10. Notice of sale at auction.
Before making any sale at auction, the executor, administrator, or guardian shall publish notice of the time, place, and conditions of sale for four (4) successive weeks in some public newspaper designated by the court in the decree authorizing the sale, and shall give additional notice of the auction sale in such manner as the court in its decree may direct.
History of Section.
C.P.A. 1905, § 747; G.L. 1909, ch. 308, § 14; G.L. 1923, ch. 359, § 14; G.L. 1938, ch. 570, § 14; G.L. 1956, § 33-19-10.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-11. - Adjournment of auction sale.

§ 33-19-11. Adjournment of auction sale.
The executor, administrator, or guardian may, in his or her discretion, adjourn any auction sale to a future day, whenever he or she may deem it advisable, giving notice of the adjournment in the same manner in which notice of the sale was given, as soon as may be after the adjournment and up to the day of the adjourned sale, unless the adjournment shall be from day to day only, and then by making public proclamation at the time and place of the sale and by setting up a notice of the sale at the appointed place.
History of Section.
C.P.A. 1905, § 748; G.L. 1909, ch. 308, § 15; G.L. 1923, ch. 359, § 15; G.L. 1938, ch. 570, § 15; G.L. 1956, § 33-19-11.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-12. - Affidavit as to notice of sale.

§ 33-19-12. Affidavit as to notice of sale.
The executor, administrator, or guardian making the sale shall, within ten (10) days after providing notice, make and file in the office of the probate clerk an affidavit stating the times and places of giving notice, which shall be prima facie evidence of the matters stated in the notice.
History of Section.
C.P.A. 1905, § 750; G.L. 1909, ch. 308, § 17; G.L. 1923, ch. 359, § 17; G.L. 1938, ch. 570, § 17; G.L. 1956, § 33-19-12.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-13. - Laying out of roads and platting of land.

§ 33-19-13. Laying out of roads and platting of land.
Probate courts shall also have the power to grant petitions of executors, administrators, or guardians for leave to lay out, make, or dedicate highways, streets, or gangways upon lands of the deceased or ward, and to plat those lands into house lots, with streets, gangways, or open spaces: (1) in the case of executors or administrators, as preliminary to the sales of lands of the deceased, and (2) in the case of guardians, either as preliminary to the sale or as beneficial to the estate of the ward; provided, that no petition shall be granted except upon notice, as the court may require, and upon proof that the action will be beneficial to the estate.
History of Section.
C.P.A. 1905, § 741; G.L. 1909, ch. 308, § 8; G.L. 1923, ch. 359, § 8; G.L. 1938, ch. 570, § 8; G.L. 1956, § 33-19-13.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-14. - Conditions imposed by court.

§ 33-19-14. Conditions imposed by court.
In granting any petition under any of the preceding sections, the court may impose such conditions, in addition to those imposed by law, as it may see fit.
History of Section.
C.P.A. 1905, § 742; G.L. 1909, ch. 308, § 9; G.L. 1923, ch. 359, § 9; G.L. 1938, ch. 570, § 9; G.L. 1956, § 33-19-14.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-15. - Conveyances.

§ 33-19-15. Conveyances.
Every executor, administrator, or guardian making a sale as provided in this chapter may, by virtue of his or her authority, make and execute, in due form of law, conveyances of the real estate sold; and the conveyances shall make as good title to the purchaser as the testator or intestate in his or her lifetime, or ward, being competent, could have made.
History of Section.
C.P.A. 1905, § 749; G.L. 1909, ch. 308, § 16; G.L. 1923, ch. 359, § 16; G.L. 1938, ch. 570, § 16; G.L. 1956, § 33-19-15.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-16. - Sale by guardian and payment of proceeds to fiduciary in nonresident ward’s domicile.

§ 33-19-16. Sale by guardian and payment of proceeds to fiduciary in nonresident ward’s domicile.
A guardian appointed within this state, whose ward leaves or resides out of the state, may sell the real property of his or her ward and transfer and pay over the whole or any part of the proceeds or of the ward’s personal property to a guardian, trustee, or committee appointed by competent authority in the state or country in which the ward resides, upon such terms and in such manner as the probate court by which he or she was appointed may, after notice to all parties interested, decree upon petition filed therefor.
History of Section.
C.P.A. 1905, § 746; G.L. 1909, ch. 308, § 13; G.L. 1923, ch. 359, § 13; G.L. 1938, ch. 570, § 13; G.L. 1956, § 33-19-16.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-17. - Release of interests in real estate by guardians.

§ 33-19-17. Release of interests in real estate by guardians.
Guardians, after giving notice as required upon petition for leave to sell real estate, may be authorized by probate courts to release and discharge a vested, contingent or possible right or interest in or to real estate, upon such terms and conditions as may appear to the courts to be proper.
History of Section.
C.P.A. 1905, § 753; G.L. 1909, ch. 308, § 20; G.L. 1923, ch. 359, § 20; G.L. 1938, ch. 570, § 20; G.L. 1956, § 33-19-17.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-18. - Sale of cemetery lots.

§ 33-19-18. Sale of cemetery lots.
Probate courts may authorize executors, administrators, and guardians, after notice to all persons interested as provided, or upon the assent of all interested persons, filed in court, to sell and convey or release, upon the terms and in such manner as the courts may order, lots in cemeteries belonging to the persons or estates by them represented, when no provision to the contrary is made by will, deed, or the charter of the cemetery corporation.
History of Section.
C.P.A. 1905, § 754; G.L. 1909, ch. 308, § 21; G.L. 1923, ch. 359, § 21; G.L. 1938, ch. 570, § 21; G.L. 1956, § 33-19-18.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-19. - Exchange of cemetery lots by guardians.

§ 33-19-19. Exchange of cemetery lots by guardians.
Probate courts may authorize guardians appointed or approved by them to exchange any lot of their wards in any burial ground or cemetery within this state, or any right or interest of their wards in any burial or cemetery lot, for any lot, right, or interest in the lot or in any other burial ground or cemetery, upon such terms and conditions as the courts may prescribe; provided, that in all such exchanges the title of the lot, right, or interest taken in exchange shall be taken in the name or names of the ward or wards whose lot, right, or interest is given in exchange.
History of Section.
C.P.A. 1905, § 755; G.L. 1909, ch. 308, § 22; G.L. 1923, ch. 359, § 22; G.L. 1938, ch. 570, § 22; G.L. 1956, § 33-19-19.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-20. - Repealed.

§ 33-19-20. Repealed.
History of Section.
C.P.A. 1905, § 755; G.L. 1909, ch. 308, § 22; G.L. 1923, ch. 359, § 22; G.L. 1938, ch. 570, § 22; Repealed by P.L. 1995, ch. 323, § 29, effective July 5, 1995.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-21. - Irregularities in proceedings.

§ 33-19-21. Irregularities in proceedings.
No sale of real estate made by an executor, administrator, or guardian, under decree of a probate court, and no title under the sale, shall be avoided because the deed was not delivered within one year after the decree, or on account of any irregularity in the proceedings, if it appears:
(1)
That the decree was granted by a court of competent jurisdiction;
(2)
That the person authorized to make the sale gave a bond, if bond was required, which was approved by the probate court;
(3)
That the notice of the time and place of sale, if at public auction, was given according to law and the order of the court; and
(4)
That the premises were sold by public auction in accordance with the notice, or by private contract in pursuance of the decree, and are held by one who purchased them in good faith or by some one claiming under him or her.
History of Section.
C.P.A. 1905, § 758; G.L. 1909, ch. 308, § 25; G.L. 1923, ch. 359, § 25; G.L. 1938, ch. 570, § 25; G.L. 1956, § 33-19-21.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-22. - Validity of sale as against claimant adverse to decedent or ward.

§ 33-19-22. Validity of sale as against claimant adverse to decedent or ward.
If the validity of a sale is drawn in question by a person claiming adversely to the title of the deceased or of the ward, or claiming under a title that is not derived from or through the deceased or the ward, the sale shall not be held to be void on account of any irregularity in the proceedings, if it appears that the executor, administrator or guardian was authorized to make the sale by a court of competent jurisdiction, and that he or she accordingly executed and acknowledged in legal form a deed for the conveyance of the premises.
History of Section.
C.P.A. 1905, § 759; G.L. 1909, ch. 308, § 26; G.L. 1923, ch. 359, § 26; G.L. 1938, ch. 570, § 26; G.L. 1956, § 33-19-22.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-23. - Surplus real estate proceeds distributed as real estate.

§ 33-19-23. Surplus real estate proceeds distributed as real estate.
Surplus proceeds arising from the sale or mortgage of the real estate of a deceased person by an executor or administrator, or from the sale or mortgage of the real estate of a ward by his or her guardian, remaining on the settlement of the final account of the executor, administrator or guardian, shall be considered as real estate, and shall pass to, or be distributed in the same proportions among, the same persons who would have taken the real estate if it had not been sold or mortgaged.
History of Section.
C.P.A. 1905, § 743; G.L. 1909, ch. 308, § 10; P.L. 1918, ch. 1640, § 2; G.L. 1923, ch. 359, § 10; G.L. 1938, ch. 570, § 10; G.L. 1956, § 33-19-23.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-24. - Examination of sale proceedings — Recovery of damages.

§ 33-19-24. Examination of sale proceedings — Recovery of damages.
Every executor, administrator, and guardian authorized to sell real estate by decree of court shall be required, upon application to the probate court by an heir, creditor, ward, or other person interested in the estate, to make answer, upon oath, as to all matters touching his or her compliance with the decree, as fully as he or she is liable, to account and be examined in reference to the personal estate. If there is any neglect or misconduct of the executor, administrator, or guardian in complying with the decree, or in making the sale under the decree, by which a person interested in the estate suffers damage, the person may recover damages for the neglect or misconduct on the probate bond or otherwise, as the case may require.
History of Section.
C.P.A. 1905, § 757; G.L. 1909, ch. 308, § 24; G.L. 1923, ch. 359, § 24; G.L. 1938, ch. 570, § 24; G.L. 1956, § 33-19-24.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-25. - Compliance with legal requirements examined on settlement of fiduciary’s accounts.

§ 33-19-25. Compliance with legal requirements examined on settlement of fiduciary’s accounts.
In settling the accounts of executors, administrators, and guardians, the probate courts shall examine and adjudge whether they have complied with the law and the directions of the court in regard to the sale or mortgage of real estate.
History of Section.
C.P.A. 1905, § 752; G.L. 1909, ch. 308, § 19; G.L. 1923, ch. 359, § 19; G.L. 1938, ch. 570, § 19; G.L. 1956, § 33-19-25.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-26. - Authority for lease by guardian.

§ 33-19-26. Authority for lease by guardian.
The probate court which appointed or approved a guardian, upon the petition of the guardian, setting forth a description of the real estate which it is proposed to lease, upon hearing, after the notice as the court shall order, may authorize the guardian to give a written lease of the real estate or any part thereof, and the decree of the court shall fix the term and the rental, and approve the form of the lease; provided, that a guardian of a minor shall not lease the real estate of his or her ward beyond the ward’s minority.
History of Section.
C.P.A. 1905, § 762; G.L. 1909, ch. 308, § 29; G.L. 1923, ch. 359, § 29; G.L. 1938, ch. 570, § 29; G.L. 1956, § 33-19-26.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-27. - Sale, lease, or mortgage by foreign guardian of nonresident ward.

§ 33-19-27. Sale, lease, or mortgage by foreign guardian of nonresident ward.
If any person who resides out of the state, but within the United States, is under guardianship in the state, territory, or district where he or she resides, and has no guardian appointed in this state, the foreign guardian may file a copy of his or her appointment, duly authenticated according to an act of congress in those cases, in the probate court of any town or city in this state in which there is real estate of the ward. After filing and upon petition to the probate court, he or she may be authorized to sell, mortgage, or lease the real estate of the ward in any town or city, for the purposes, in the manner, after like notice, and upon the terms provided in this chapter in case of sale, mortgage, or lease, by a guardian appointed in this state.
History of Section.
C.P.A. 1905, § 763; G.L. 1909, ch. 308, § 30; G.L. 1923, ch. 359, § 30; G.L. 1938, ch. 570, § 30; G.L. 1956, § 33-19-27.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19 - Real Property of Decedents and Incompetents › Section 33-19-28. - Definitions of terms in § 33-19-27.

§ 33-19-28. Definitions of terms in § 33-19-27.
(a)
“Guardian” as used in § 33-19-27 shall be deemed to include a guardian, conservator, curator, committee, or trustee, and any other fiduciary having substantially the same powers and duties as a guardian, conservator, curator, committee, or trustee, with reference to the estate or property of a minor or person non sui juris, or otherwise incapacitated; and a person shall be deemed “under guardianship” within the meaning of § 33-19-27 if a guardian, conservator, curator, committee, or trustee, or other fiduciary having substantially the duties of a guardian, conservator, curator, committee, or trustee has been appointed with reference to his or her estate or property.
(b)
This section shall be deemed to be declaratory of the purposes of § 33-19-27 as originally enacted, and shall not be construed so as to invalidate any action taken by any fiduciary heretofore under § 33-19-27.
History of Section.
G.L., ch. 570, § 30, as enacted by P.L. 1947, ch. 1955, § 1; P.L. 1947, ch. 1955, § 2; G.L. 1956, § 33-19-28.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act › Section 33-19.1-1. - Short title.

§ 33-19.1-1. Short title.
This chapter shall be known and may be cited as the “Financial Exploitation of Elders and Dependent Persons Act.”
History of Section.
P.L. 2014, ch. 491, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act › Section 33-19.1-3. - Prohibited transaction.

§ 33-19.1-3. Prohibited transaction.
(a)
A provision of any document or instrument, including commercial instruments as defined in title 6A, making a donative transfer to any of the following persons is presumed to be the product of fraud or undue influence:
(1)
The person who drafted the instrument;
(2)
A person in a fiduciary relationship with the transferor who transcribed the instrument or caused it to be transcribed;
(3)
A care custodian of a transferor who is a dependent adult, but only if the instrument was executed during the period in which the care custodian provided services to the transferor, or within ninety (90) days before or after that period;
(4)
A person who is related by blood or affinity, within the third degree, to any person described in subsections (a)(1) — (a)(3).
(5)
A cohabitant or employee of any person described in subsections (a)(1) — (a)(3); or
(6)
A partner, shareholder, or employee of a law firm in which a person described in subsections (a)(1) — (a)(2) has an ownership interest.
(b)
The presumption created by this section is a presumption affecting the burden of proof. The presumption may be rebutted by proving, by clear and convincing evidence, that the donative transfer was not the product of fraud or undue influence.
(c)
Notwithstanding the provisions of subsections (a)(1) — (a)(2), and with respect to a donative transfer to the person who drafted the donative instrument, or to a person who is related to, or associated with, the drafter as described in subsections (a)(4) — (a)(6), the presumption created by this section is conclusive.
(d)
If a beneficiary is unsuccessful in rebutting the presumption, the beneficiary shall bear all costs of the proceeding, including reasonable attorney’s fees.
History of Section.
P.L. 2014, ch. 491, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act › Section 33-19.1-4. - Exceptions.

§ 33-19.1-4. Exceptions.
Section 33-19.1-3 does not apply to any of the following instruments or transfers:
(1)
A donative transfer to a person who is related by blood or affinity, within the fourth (4th) degree, to the transferor or is the cohabitant of the transferor.
(2)
An instrument that is drafted or transcribed by a person who is related by blood or affinity, within the fourth (4th) degree, to the transferor or is the cohabitant of the transferor.
(3)
An instrument that is approved pursuant to an order of the superior, family, district or any probate court, after full disclosure of the relationships of the persons involved.
(4)
A donative transfer to a federal, state, or local public entity; an entity that qualifies for an exemption from taxation under section 501(c)(3) or 501(c)(19) of the Internal Revenue Code; or a trust holding the transferred property for the entity.
(5)
A donative transfer of property valued at five thousand dollars ($5,000) or less, if the total value of the transferor’s estate equals or exceeds the amount of fifty thousand dollars ($50,000).
(6)
An instrument executed outside of Rhode Island by a transferor who was not a resident of Rhode Island when the instrument was executed.
History of Section.
P.L. 2014, ch. 491, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act › Section 33-19.1-5. - Review by independent attorney — Certificate of review.

§ 33-19.1-5. Review by independent attorney — Certificate of review.
(a)
A gift is not subject to § 33-19.1-3 if the instrument is reviewed by an independent attorney who counsels the transferor, out of the presence of any heir or proposed beneficiary, about the nature and consequences of the intended transfer, including the effect of the intended transfer on the transferor’s heirs and on any beneficiary of a prior donative instrument; attempts to determine if the intended transfer is the result of fraud or undue influence; and signs and delivers to the transferor an original certificate in substantially the following form:
“CERTIFICATE OF INDEPENDENT REVIEW
I, _________________________________________ , have reviewed
(attorney’s name)
_________________________________________ and have counseled the transferor,
(name of instrument)
_________________________________________ , on the nature and consequences of any
(name of transferor)
transfers of property to _________________________________________
(name of person described in § 33-19.1-3) that would be made by the instrument.
I am an “independent attorney” as defined in § 33-19.1-2 and I am in a position to advise the transferor independently, impartially, and confidentially as to the consequences of the transfer. On the basis of this counsel, I conclude that the transfers to __________ (name of person described in § 33-19.1-3) that would be made by the instrument are not the product of fraud or undue influence.
__________ _______________ ”
(Name of Attorney) (Bar#) (Date)
(b)
An attorney whose written engagement, signed by the transferor, is expressly limited solely to compliance with the requirements of this section, shall not be considered to otherwise represent the transferor as a client.
(c)
Under no circumstances shall an attorney who drafts an instrument review and certify the instrument.
(d)
The attorney who conducts the independent review shall provide a copy of the signed certification to the drafting attorney.
History of Section.
P.L. 2014, ch. 491, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act › Section 33-19.1-6. - Failure of gift.

§ 33-19.1-6. Failure of gift.
If a gift fails under this chapter, the instrument making the gift shall operate as if the beneficiary had predeceased the transferor without spouse, domestic partner, or issue.
History of Section.
P.L. 2014, ch. 491, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act › Section 33-19.1-7. - Liability.

§ 33-19.1-7. Liability.
(a)
A person is not liable for transferring property pursuant to an instrument that is subject to the presumption created under § 33-19.1-3, unless the person is served with notice, prior to transferring the property, that the instrument has been contested under this section.
(b)
A person who is served with notice that an instrument has been contested under this section is not liable for failing to transfer property pursuant to the instrument, unless the person is served with notice that the validity of the transfer has been conclusively determined by a court.
History of Section.
P.L. 2014, ch. 491, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act › Section 33-19.1-8. - Non-Waiveability.

§ 33-19.1-8. Non-Waiveability.
This chapter applies notwithstanding a contrary provision in an instrument.
History of Section.
P.L. 2014, ch. 491, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act › Section 33-19.1-9. - Applicability to present documents.

§ 33-19.1-9. Applicability to present documents.
(a)
This section shall apply to instruments that become irrevocable on or after January 1, 2015. For the purposes of this section, an instrument that is otherwise revocable or amendable shall be deemed to be irrevocable if, on or after January 1, 2015, the transferor by reason of incapacity was unable to change the disposition of the transferor’s property and did not regain capacity before the date of the transferor’s death.
(b)
It is the intent of the general assembly that this chapter supplements the common law on undue influence, without superseding or interfering in the operation of that law. Nothing in this chapter precludes an action to contest a donative transfer under the common law or under any other applicable law. This chapter is declarative of existing law.
History of Section.
P.L. 2014, ch. 491, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-20 - Absentees’ Estates › Section 33-20-1. - Grounds for appointment of receiver.

§ 33-20-1. Grounds for appointment of receiver.
(a)
If a resident of this state, having property in this state, has disappeared, has been absent from his or her usual place of residence, his or her whereabouts have been unknown for more than one year, and he or she has left no agent in charge of his or her property, the court of probate of the town in which he or she was last known to reside shall have power upon the petition of the spouse, next of kin, or of one or more of his or her creditors, setting forth the above facts, to appoint a receiver to collect and take charge of the property until the fact of the death or survival of the absentee is established, and in case of his or her death, until an executor or administrator shall be appointed and qualified.
(b)
If there shall be no petition by the spouse, next of kin, or creditors filed within five (5) years after the resident’s whereabouts have been unknown, all of the personalty of the resident who has disappeared or whose whereabouts are unknown shall be subject to the provisions of chapters 21 and 21.1 of this title.
History of Section.
C.P.A. 1905, § 927; G.L. 1909, ch. 315, § 1; G.L. 1923, ch. 366, § 1; G.L. 1938, ch. 581, § 1; G.L. 1956, § 33-20-1; P.L. 1961, ch. 195, § 3; P.L. 1971, ch. 187, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-20 - Absentees’ Estates › Section 33-20-2. - Notice as to appointment of receiver.

§ 33-20-2. Notice as to appointment of receiver.
The court before appointing a receiver shall give at least thirty (30) days’ notice by publication in one or more newspaper published in the state, in the manner provided for petitions for appointment of administrators, and by mailing a copy of the notice to the last known address of the absentee. This notice shall be addressed to the absentee and to all persons who claim an interest in the property, and to all whom it may concern, citing them to appear at a time and place named and show cause why a receiver of the property of the absentee should not be appointed. The court may order other and further notice to be given within or outside the state.
History of Section.
C.P.A. 1905, § 928; G.L. 1909, ch. 315, § 2; G.L. 1923, ch. 366, § 2; G.L. 1938, ch. 581, § 2; G.L. 1956, § 33-20-2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-20 - Absentees’ Estates › Section 33-20-3. - Wartime meaning of last known address.

§ 33-20-3. Wartime meaning of last known address.
During such time as the United States shall be engaged in any war, the term “last known address”, as used in § 33-20-2, shall be construed to mean the last known address within the confines of the United States.
History of Section.
G.L., ch. 581, § 9, as enacted by P.L. 1944, ch. 1485, § 1; G.L. 1956, § 33-20-3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-20 - Absentees’ Estates › Section 33-20-4. - Show of cause against appointment of receiver — Receiver’s bond.

§ 33-20-4. Show of cause against appointment of receiver — Receiver’s bond.
Any person may appear and show cause why the prayer of the petitioner should not be granted. If a receiver is appointed, he or she shall give bond to the probate court in such sum and with such conditions as the court orders, with surety satisfactory to the court.
History of Section.
C.P.A. 1905, § 929; G.L. 1909, ch. 315, § 3; G.L. 1923, ch. 366, § 3; G.L. 1938, ch. 581, § 3; G.L. 1956, § 33-20-4.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-20 - Absentees’ Estates › Section 33-20-5. - Orders for management or sale of property.

§ 33-20-5. Orders for management or sale of property.
The court may make orders for the care, custody, leasing, and investing of the property and its proceeds. The court may order livestock or perishable property, or any property, which cannot be kept without great and disproportionate expense, to be sold at public or private sale. The court may, upon petition of the receiver, and after the notice as is required in case of sale of real estate by executors and administrators, order all or any part of the real and personal estate of the absentee to be sold at public or private sale to supply money for the payments authorized by §§ 33-20-1 — 33-20-7 or for reinvestment approved by the court. The court, on petition with notice, if satisfied that the action will not be prejudicial to the interests of the estate, may authorize the petitioner to become the purchaser of the real estate, at public or private sale; provided, however, that, in any instance, if the sale is made by private contract, the sale shall be made for not less than the sum fixed by the court in its decree authorizing the sale.
History of Section.
C.P.A. 1905, § 930; G.L. 1909, ch. 315, § 4; G.L. 1923, ch. 366, § 4; G.L. 1938, ch. 581, § 4; G.L. 1956, § 33-20-5; P.L. 1968, ch. 94, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-20 - Absentees’ Estates › Section 33-20-6. - Maintenance of wife and children — Payment of debts.

§ 33-20-6. Maintenance of wife and children — Payment of debts.
The probate court may authorize the receiver to apply the income of the property, and if the income is insufficient, then the property or the proceeds of any sale thereof, in payment of charges incurred, or that may be incurred, in the support and maintenance of the absentee’s wife and minor children and to the payment of such debts as may be proved against the absentee before the probate court.
History of Section.
C.P.A. 1905, § 931; G.L. 1909, ch. 315, § 5; G.L. 1923, ch. 366, § 5; G.L. 1938, ch. 581, § 5; G.L. 1956, § 33-20-6.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-20 - Absentees’ Estates › Section 33-20-7. - Compensation of and disbursements by receiver.

§ 33-20-7. Compensation of and disbursements by receiver.
The receiver shall be allowed such compensation and such disbursements, to be paid out of the income, property, or proceeds, as the probate court may approve.
History of Section.
C.P.A. 1905, § 932; G.L. 1909, ch. 315, § 6; G.L. 1923, ch. 366, § 6; G.L. 1938, ch. 581, § 6; G.L. 1956, § 33-20-7.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-20 - Absentees’ Estates › Section 33-20-8. - Conservatorship for military absentee.

§ 33-20-8. Conservatorship for military absentee.
Whenever a person, hereinafter referred to as an absentee, who while serving in or with the armed forces of the United States, or while serving as a merchant seaman, has been reported or listed as missing, or missing in action, or interned in a neutral country, or beleaguered, besieged, or captured by an enemy, has an interest in any form of property in this state or is a legal resident of this state and has not provided an adequate power of attorney authorizing another to act in his or her behalf in regard to his or her property or interest, then, the probate court of the city or town of the absentee’s legal domicile or of the city or town where the property is situated, upon petition alleging the foregoing facts and showing the necessity for providing care of the property of the absentee made by any person who would have an interest in the property of the absentee were the absentee deceased, or on the court’s own motion, after notice to, or on receipt of proper waivers from, the heirs and next of kin of the absentee as provided by law for the administration of an estate, and upon good cause being shown, may, after finding the facts to be as provided in this section, appoint a conservator to take charge of the absentee’s estate, under the supervision and subject to the further orders of the court.
History of Section.
P.L. 1946, ch. 1710, § 1; G.L. 1956, § 33-20-8.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-20 - Absentees’ Estates › Section 33-20-9. - Person appointed as conservator — Bond — Powers.

§ 33-20-9. Person appointed as conservator — Bond — Powers.
The court shall have full discretionary authority to appoint any suitable person as conservator and may require the conservator to post an adequate surety bond and to make such reports as the court may deem necessary. The conservator shall have the same powers and authority as the guardian of the property of an infant or incompetent and shall be considered as an officer or arm of the court.
History of Section.
P.L. 1946, ch. 1710, § 2; G.L. 1956, § 33-20-9.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-20 - Absentees’ Estates › Section 33-20-10. - Termination of conservatorship.

§ 33-20-10. Termination of conservatorship.
At any time upon petition signed by the absentee, or on petition of any attorney in fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held under the conservatorship to the absentee or to the designated attorney in fact. Likewise, if at any time subsequent to the appointment of a conservator it shall appear that the absentee has died and an executor or administrator has been appointed for his or her estate, the court shall direct the termination of the conservatorship and the transfer of all property of the deceased absentee held under the conservatorship to the executor or administrator.
History of Section.
P.L. 1946, ch. 1710, § 3; G.L. 1956, § 33-20-10.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-20 - Absentees’ Estates › Section 33-20-11. - Escheat of excess funds.

§ 33-20-11. Escheat of excess funds.
Any personalty remaining in the hands of the probate court under the provisions of this chapter after payment of all claims on the absentees’ estate, if there are no heirs or next of kin known to be surviving, shall be subject to the provisions of chapters 21 and 21.1 of this title.
History of Section.
G.L., § 33-20-11, as enacted by P.L. 1961, ch. 195, § 4.