Chapter 000

Chapter 389

2005 -- H 5634

Enacted 07/19/05

A N A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE

Introduced By: Representatives Lewiss, Anguilla, Rice, Jackson, and Scott

Date Introduced: February 16, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Section 33-11-14 of the General Laws in Chapter 33-11 entitled "Claims

Against Decedents' Estates" is hereby amended to read as follows:

33-11-14. Disallowance of claim. -- Any claim filed within six (6) months from the first

publication may be disallowed in full or in part, within six (6) months and thirty (30) days from

the first publication by the executor or administrator, or by any person interested, by filing in the

office of the clerk of the probate court a statement disallowing the claim, and giving notice in

writing, either personally or by registered or certified mail, to the claimant, whose claim is

disallowed; and any claim filed after six (6) months from the first publication may be disallowed

in full or in part, within thirty (30) days after notice of filing.

SECTION 2. Sections 33-24-1 and 33-24-2 of the General Laws in Chapter 33-24

entitled "Small Estates" are hereby amended to read as follows:

33-24-1. Voluntary informal administration of small estates. -- If a resident of Rhode

Island dies leaving an estate consisting entirely of personal property the total value of which

otherwise subject to being listed on a probate inventory pursuant to section 33-9-1, exclusive of

tangible personal property of which the decedent was owner, does not exceed fifteen thousand

dollars ($15,000) in value, his or her surviving spouse, child, grandchild, parent, brother, sister,

niece, nephew, aunt or uncle, or any interested party, if of full age and legal capacity and a

resident of this state, may, after the expiration of thirty (30) days from the death of the decedent,

provided no petition for letters testamentary or letters of administration has been filed with the

probate court of the city or town in which the decedent resided, file with said probate court upon

a form prescribed by the court a statement, verified by oath or affirmation containing:

(a) The name and residential address of the affiant,

(b) The name, residence and date of death of the deceased,

(d) A schedule showing every asset known to the affiant titled solely in the decedent's

name and all assets known or believed to be titled in the decedent's name as of the decedent's date

of death, and the estimated value of each such asset,

(e) A statement that the affiant has undertaken to act as voluntary administrator of the

estate of the deceased and will administer the same according to law, and apply the proceeds

thereof in conformity with this section,

(f) The names and addresses known to the affiant of the persons who would take under

the provisions of Rhode Island general laws section 33-1-10 in the case of intestacy.

Upon presentation of such statement, accompanied by a certificate of the death of the

deceased and payment of a fee of thirty dollars ($30.00), the clerk of the probate court shall file

these documents as a part of the permanent record of the court. Upon the payment of five dollars

($5.00), the clerk of the probate court shall, if no other probate proceeding for administration of

such estate is pending in said court, issue ~~an attested copy of the statement duly filed under this~~

~~section~~ a certification of appointment of voluntary administrator, but only after such ~~statement~~

certification has been reviewed by the judge of the probate court. No hearing in the probate court

shall be required as a condition for the issuance of the ~~attested copy~~ certification by the clerk of

the probate court; provided, however, that the probate judge may require a hearing to take place

in order to determine whether such ~~certificate~~ certification should issue.

Upon the presentation of a copy of such a ~~statement duly attested~~ certification of

appointment by the clerk of the probate court, the tender of a proper receipt in writing and the

surrender of any policy, passbook, note, certificate or other evidentiary instrument, a voluntary

administrator may, as the legal representative of the deceased and his or her estate, receive

payment of any debt or obligation in the nature of a debt, or delivery of any chattel or asset,

scheduled in such statement. Payments and deliveries made under this section shall discharge the

liability of the debtor, obligor or deliverer to all persons with respect to such debt, chattel,

obligation or other asset unless, at the time of such payment or delivery, a written demand has

been made upon such debtor, obligor or deliverer by a duly appointed executor or administrator.

A voluntary administrator may sell any chattel so received and negotiate or assign any

choice in action to convert the same to cash in a reasonable amount.

A voluntary administrator shall, as far as possible out of the assets which come into his

or her hands, first discharge the necessary expenses of the funeral and last sickness of the

deceased and the necessary expenses of administration without fee for his or her services, and

then pay the debts of the deceased in the order specified in Rhode Island general laws section 33-

12-11 and any other debts of the estate, and then distribute the balance, if any, to the surviving

spouse, or, if there is no surviving spouse, to the persons and in the proportions prescribed by

section 33-1-10.

A voluntary administrator shall be liable as an executor in his or her own wrong to all

persons aggrieved by his or her administration of the estate, and, if letters testamentary or letters

of administration are at any time granted, shall be liable as such an executor to the rightful

executor or administrator.

33-24-2. Administration of small estates where executor named in will -- Voluntary

executors. -- If a resident of Rhode Island dies leaving an estate that would otherwise be subject

to being listed on a probate inventory pursuant to section 33-9-1, consisting entirely of personal

property, the total value, exclusive of tangible personal property of which the decedent was

owner, does not exceed fifteen thousand dollars ($15,000) in value, and he or she leaves a will

naming a person as executor, the named person, if of full age and legal capacity, may, (or, if the

named person declines or is unable to serve, then any person named as alternate, or, if such

alternate declines or is unable to serve, then the surviving spouse, child, grandchild, parent,

brother, sister, niece, nephew, aunt or uncle, or any interested party, if of full age and legal

capacity and a resident of this state), after the expiration of thirty (30) days from the death of the

decedent, provided no petition for letters testamentary or letters of administration has been filed

with the probate court of the city or town in which the decedent resided, file with said probate

court upon a form prescribed by the court a statement, verified by oath or affirmation containing:

(a) The name and residential address of the affiant,

(b) The name, residence and date of death of the deceased,

(d) A schedule showing every asset known to the affiant titled solely in the decedent's

name and all assets known or believed to be titled in the decedent's name as of the decedent's date

of death and the estimated value of each such asset,

(e) A statement that the affiant has undertaken to act as voluntary administrator of the

estate of the deceased and will administer the same according to law, and apply the proceeds

thereof in conformity with this section,

(f) The names and addresses known to the affiant of the persons who would take under

the provisions of Rhode Island general laws section 33-1-10 in the case of intestacy, and

(g) The names and addresses known to the affiant of the persons who would take under

the provisions of the will.

The original of the will shall be filed with the above statement and if the executor resides

outside the state he or she shall appoint a resident agent to represent him or her in the state.

Upon presentation of such statement, accompanied by a certificate of the death of the

deceased and payment of a fee of thirty dollars ($30.00), the clerk of the probate court shall file

these documents as a part of the permanent record of the court. Upon the payment of five dollars

($5.00), the clerk of the probate court shall, if no other probate proceeding for administration of

such estate is pending in said court, issue ~~an attested copy of the statement duly filed under this~~

~~section~~ a certification of appointment of executor, but only after such ~~statement~~ certification has

been reviewed by the judge of the probate court. No hearing in the probate court shall be required

as a condition for the issuance of the ~~attested copy~~ certification by the clerk of the probate court;

provided, however, that the probate judge may require a hearing to take place in order to

determine whether such ~~certificate~~ certification should issue.

Upon the presentation of a copy of such a ~~statement duly attested~~ certification of

appointment by the clerk of the probate court, the tender of a proper receipt in writing and the

surrender of any policy, passbook, note, certificate or other evidentiary instrument, a voluntary

executor may, as the legal representative of the deceased and his or her estate, receive payment of

any debt or obligation in the nature of a debt, or delivery of any chattel or asset, scheduled in such

statement. Payments and deliveries made under this section shall discharge the liability of the

debtor, obligor or deliverer to all persons with respect to such debt, chattel, obligation or other

asset unless, at the time of such payment or delivery, a written demand has been made upon such

debtor, obligor or deliverer by a duly appointed executor or administrator.

A voluntary executor may sell any chattel so received and negotiate or assign any choice

in action to convert the same to cash in a reasonable amount.

A voluntary executor shall, as far as possible out of the assets which come into his or her

hands, first discharge the necessary expenses of the funeral and last sickness of the deceased and

the necessary expenses of administration without fee for his or her services, and then pay the

debts of the deceased in the order specified in Rhode Island general laws section 33-12-11 and

any other debts of the estate, and then distribute the balance, if any, according to the terms of the

will, and should that prove impossible, the balance to the surviving spouse, or, if there is no

surviving spouse, to the persons and in the proportions prescribed by section 33-1-10.

A voluntary executor shall be liable as an executor in his or her own wrong to all persons

aggrieved by his or her administration of the estate, and, if letters testamentary or letters of

administration are at any time granted, shall be liable as such an executor to the rightful executor

or administrator.

SECTION 3. This act shall take effect upon passage.

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LC01297

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