2014 -- S 2648

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LC004788

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE -- ACCOUNTS OF

EXECUTORS AND ADMINISTRATORS

     

     Introduced By: Senators Jabour, Lombardi, and McCaffrey

     Date Introduced: March 04, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 33-14 of the General Laws entitled "Accounts of Executors and

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Administrators" is hereby amended by adding thereto the following section:

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     33-14-13. Reopening of estates and administrations without court approval for

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assets totaling five thousand dollars ($5,000) or less. -- (a) Subsequent to the filing of a final

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account of any estate or administration or an affidavit of completed administration pursuant to the

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provisions of § 33-14-1, an estate or administration may be reopened by the executor or

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administrator without the consent of the probate court provided that the executor or administrator:

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     (1) Files an affidavit with the court listing every newly discovered asset discovered by the

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executor or administrator along with its fair market value;

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     (2) Provides notice to the persons who would take under the provisions of § 33-1-10 in

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the case of intestacy listing the asset(s) along with the fair market value;

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     (3) Provides notice, if applicable, to those persons who would take under the provisions

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of the will listing the asset(s) along with the fair market value; and

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     (4) Files a statement with the court and provides a copy to those persons described in

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subsections (a)(2) and (a)(3) setting forth the proposed distribution of the asset(s) or the funds

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received as a result of the sale of the asset(s).

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     (b) If no objection is filed by said persons within thirty (30) days of the filing of the

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affidavit and statement, the executor or administrator may proceed to dispose of the asset(s) as

 

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indicated. If objection is filed, the probate court shall schedule a hearing on the objection within

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thirty (30) days of its receipt.

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     (c) Upon completion of the distribution of the asset(s) per the statement or per any order

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of the probate court, the executor or administrator shall file an affidavit stating the names and the

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addresses of the persons receiving the asset(s), the value or amount received, and attesting that

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the estate or administration has now been finalized.

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     (d) The procedure set forth in subsection (a) may only be used when the asset(s)

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subsequently discovered do not exceed the sum of five thousand dollars ($5,000) in the aggregate.

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     (e) The executor or administrator shall be liable in his or her own wrong to all persons

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aggrieved by his or her actions taken in conformance with the provisions of this section.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE -- ACCOUNTS OF

EXECUTORS AND ADMINISTRATORS

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     This act would allow probate estates or administrations to be reopened without probate

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court approval for the distribution of newly discovered asset(s) of five thousand dollars ($5,000)

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or less in the aggregate by executors or administrators and would provide a hearing for any

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objecting heir or beneficiary.

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     This act would take effect upon passage.

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