Chapter 589

2006 -- H 7591

Enacted 07/14/06

A N A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE -- DIVISION OF REAL ESTATE -- CLAIMS AGAINST DECEDENTS ESTATES

Introduced By: Representatives Lewiss, Jackson, Scott, O`Neill, and Lally

Date Introduced: February 16, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Section 33-3-14 of the General Laws in Chapter 33-3 entitled "Division of

Real Estate" is hereby amended to read as follows:

33-3-14. Certificate of descent. -- The probate court which granted administration of the

estate of any decedent owning real estate shall issue a certificate of descent to devisees or heirs at

law, as provided by section 33-9-29, within one month of acceptance by the court of the final

account of administration or affidavit of complete administration. 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.

     SECTION 2. Section 33-9-29 of the General Laws in Chapter 33-9 entitled "Collection

and Management of Decedents' Estates" is hereby amended to read as follows:

33-9-29. Descent or distribution of real estate to be recorded. -- When the real

property of any deceased person, or any part thereof or interest therein, is devised or distributed

or set out to the devisee or devisees, heir or heirs, or spouse of the decedent, or is legally divided

by all the persons interested, or descends to the heir or heirs or spouse of the decedent, the

executor or administrator of the decedent, within one month after acceptance by the probate court

of the final administration account or affidavit of complete administration, submit an affidavit to

the probate court and procure a certificate of descent, signed by the judge, clerk, or assistant clerk

of the probate court, 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, and a particular description of the estate, portion, or interest distributed, set out, or

divided or descending to each person. The executor or administrator shall cause that a certificate

of descent to be recorded in the land evidence records of every city or town in which real property

of the decedent is situated, and it shall constitute prima facie evidence of the facts stated in it, so

far as those facts affect real estate of the decedent.

     SECTION 3. This act shall take effect upon passage.

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LC01792

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