Chapter 306

2008 -- H 7972

Enacted 07/05/08

A N A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE - PROBATE COURTS

Introduced By: Representatives Lewiss, Jackson, and Scott

Date Introduced: February 26, 2008

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 33-7-1, 33-7-2, 33-7-3 and 33-7-4 of the General Laws in Chapter

33-7 entitled "Custody and Probate of Wills" are hereby repealed in their entirety.

33-7-1. Deposit with probate clerk. -- A will may be deposited by the testator, or by any

person for him or her, in the office of the probate clerk in the city or town where the testator lives,

to be safely kept until delivered or disposed of as hereinafter provided; and the probate clerk,

upon being paid a fee of ten dollars ($10.00), shall receive and keep the will and shall give a

certificate of the deposit thereof.

33-7-2. Wrapping and indorsement of will deposited -- Authorized opening. -- Every

will intended to be deposited as provided in section 33-7-1 shall be enclosed in a sealed wrapper,

with an indorsement thereon of the name and place of residence of the testator and of the date

when and the person by whom it is deposited, and the wrapper may also have indorsed upon it the

name of a person to whom the will is to be delivered after the death of the testator. A will, when

so deposited, shall not be opened until it is delivered to a person entitled to receive it, or until it is

otherwise disposed of as hereinafter provided.

33-7-3. Person to whom will delivered. -- During the lifetime of the testator, the will

shall be delivered only to the testator himself or herself, or in accordance with his or her order, in

writing, duly proved before the probate judge; and after his or her death it shall be delivered to

the person named in the indorsement, if the person demands it.

33-7-4. Disposition of deposited will after death of testator. -- If the will is not called

for by the person, if any, named in the indorsement, it shall be publicly opened at the first probate

court held after notice of the testator's death, and shall be retained in the clerk's office until it is

opened. If the jurisdiction of the case belongs to some other court, it shall be delivered to one of

the executors named in the will, or to the clerk of the probate court having jurisdiction of the will,

upon proper receipt therefor.

     SECTION 2. Chapter 33-7 of the General Laws entitled "Custody and Probate of Wills"

is hereby amended by adding thereto the following section:

33-7-7.1. Disposition of documents intended as last wills and testaments in the

possession of the probate courts. -- The several city and town probate courts within the state are

hereby authorized and directed to return all documents in their possession intended as last wills

and testaments and accepted in accordance with the provisions of this chapter as follows:

(1) A notice, by certified mail, shall be sent to each testator, and/or person designated to

receive the will upon death, including the drafting attorney, if known, at the last known address of

each, indicating that the probate courts are no longer required to maintain custody of such

documents and that the documents are available for return upon execution of the appropriate

receipt.

(2) The probate courts shall not be required to retain further possession of such

documents for a period not to exceed twelve (12) months following the issuance of the certified

mail notice.

     SECTION 3. This act shall take effect on December 31, 2008.

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LC01298

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