2014 -- S 2547 AS AMENDED
Enacted 07/02/14
RELATING TO PROBATE PRACTICE AND PROCEDURE - PRACTICE IN PROBATE COURTS
Introduced By: Senator Michael J.McCaffrey
Date Introduced: February 27, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Sections 33-22-4, 33-22-8, 33-22-19 and 33-22-23 of the General Laws in Chapter 33-22 entitled "Practice in Probate Courts" are hereby repealed.
33-22-4. Listing of and notice to legatees and
devisees in will contests. --
Whenever, in any proceeding pending in a probate court for the probate of a
will, it appears to the court that the probate of the will or the appointment
of an executor or administrator with the will annexed is to be contested in the
probate court, then and in that event, the court shall forthwith cause to be
entered upon its records an order requiring the petitioner to file with the
clerk of court the same information relative to legatees and devisees, if any,
named in the will or their representatives as is required relative to a
surviving spouse and heirs at law; and the petitioner or his or her attorney
shall give or cause notice to be given to those legatees and devisees in the
same manner and under the same conditions as provided in this title for notice
to a surviving spouse and heirs at law.
33-22-8. Notice of authority to sell or mortgage
real estate. -- Authority to sell
or mortgage real estate shall not be given to a guardian until notice by public
advertisement or otherwise, as the court may order, has been given to the
husband or wife and the next of kin of the ward, and authority to mortgage
shall not be given to an executor or administrator until after personal notice
shall have been given by citation to all known parties interested.
33-22-19. Decrees and orders in writing --
Recording. -- All the decrees and
orders of probate courts shall be made in writing, and shall be recorded by the
clerk in books kept for that purpose.
33-22-23. Division of fees. -- The fees provided for in section 33-22-21 shall inure,
one-half (1/2) to and for the use of the probate court, and one-half (1/2) to
and for the use of the probate clerk, unless provision is made to the contrary
as provided in this chapter.
SECTION 2. Sections 33-22-5, 33-22-6, 33-22-7, 33-22-11, 33-22-14 and 33-22-21 of the General Laws in Chapter 33-22 entitled "Practice in Probate Courts" are hereby amended to read as follows:
33-22-5. Waiver of notice. -- If all interested
parties, not including, however, the legatees and
devisees named in the will unless they shall have become entitled to notice
under the provisions of section 33-22-4, shall, in writing, waive
the notice required by section §33-22-3 or
section 33-22-4, and assent to action
upon the petition by the court at any time, the court may proceed to hear the
cause without publication or further notice and any decree entered in the
proceeding shall be of the same force and effect as if notice had been given in
the manner provided by this chapter.
33-22-6. Additional notice given -- Failure to comply. --
The notice prescribed by section §33-7-9 and the notice by publication in the
manner as prescribed by section §33-22-11 shall also be given in all cases in
which notice by mail is required by section
§33-22-3, unless waived in writing by
the persons entitled to such notice surviving spouse and heirs at law, but failure to
comply with any of the provisions in sections
§§33-22-2 and
33-22-3 33-22-4 shall not
defeat the jurisdiction of the court or affect adversely the regularity of any
proceedings in which the failure shall have occurred, and upon discovery of the
failure the court may make such further orders as the circumstances may
require.
33-22-7. Proceedings in which notice given by court. – (a) Every probate court shall, before proceeding, give notice to all parties known to be interested in the following cases:
(1) In the granting of letters of administration.
(2) In the probate of a will.
(3) In the appointment or approval of a conservator or guardian.
(4) In any complaint for the removal of an executor, administrator, conservator, or guardian.
(5) In the
acceptance of the resignation of an executor, administrator, conservator, or
guardian.
(5)(6) In the making of any decree upon the account
of an executor, conservator, or guardian.
(7) In the
appointment of commissioners and in the making of any order upon the report of
commissioners on any estate.
(8) In the
making of any order of distribution among the next of kin of a deceased person.
(6)(9) In any petition of an executor, administrator,
conservator, or guardian for leave to sell real estate of the testator,
intestate, or ward.
(10) In the
granting of any petition of a conservator or guardian for leave to make a
mortgage or written lease of real estate of his or her ward.
(11) In
canceling the bond of an executor, administrator, conservator, or guardian.
(12) In
making an allowance out of the estate of a deceased person for the support of
his or her family.
(13) In any
petition of an executor or administrator for leave to mortgage real estate of
the testator or intestate.
(7)
(14) In setting off and allowing real
estate in fee, or the proceeds of sale thereof, to a widow or surviving
husband.
(b) Nothing contained in this section shall be deemed to limit the court's discretion to order whatever notice it considers appropriate given the circumstances of the matter before it and whose interests may be affected by the court's action.
33-22-11. Notice by advertisement. -- In all cases
in which notice is required and special provision is not made for it, it shall
be given by advertisement of a notice once a week for at least two (2) weeks,
the first advertisement to be published at least fourteen (14) days before the
first of any hearing dates contained in such notice, in a newspaper printed in
English and published in the county city or town or in a Providence
newspaper having general circulation within the county in which the matter is
to be acted upon, as the probate court by general rule or special order may
designate for that purpose; provided, however, that when a probate court shall
give, or order to be given, notice by advertisement in a newspaper which that has
furnished the court with a definite schedule of prices for this advertising,
the court shall require the cost of the advertising to be paid to the clerk of
the court in advance, and the court shall pay over each month to the newspaper
the sums so paid in, upon proof that the notice has been advertised as ordered;
provided, however, that any advertisement affecting probate matters in the town
of New Shoreham shall be given in a newspaper printed in English and published
in the counties of Washington and/or Providence.
33-22-14. Findings of court as to notice. -- If it
shall appear to the court, before proceeding, that notice has been given to all
known parties interested, by the clerk, upon
application to him or her made, in
accordance with the foregoing provisions, and in a manner satisfactory to the
court, it shall be sufficient to warrant proceeding; and its findings as to
notice, unless appealed from, shall be conclusive. Notice by telephone,
facsimile, e-mail, or other electronic
transmission may supplement, but shall not discharge any party's obligation
under this chapter to give notice by service or mail.
33-22-21. Fees enumerated -- Hearing date to be noted on
receipt. -- (a) The fees in probate courts shall be as follows:
for every petition for the appointment of a receiver,
custodian, administrator, guardian, or conservator, or for the probate of and recording of a will, one percent (1.0%) of the
personal property of the decedent or ward over which the court has
jurisdiction, but in no event shall the fee be less than thirty dollars
($30.00) nor more than one thousand five hundred dollars ($1,500); for every petition for the change of name, thirty dollars
($30.00); for every petition for adoption, thirty dollars ($30.00);
for every petition of a foreign administrator, executor, or guardian to
transfer or sell real or personal estate, one percent (1.0%) of the personal
property of the decedent, or ward located in Rhode Island, but in no event
shall the fee be less than thirty dollars ($30.00) nor more than one thousand
five hundred dollars ($1,500) which fees shall be in lieu of all subsequent
filing and recording fees in the same proceedings, except as hereinafter
provided, and shall be paid before the petition is filed, and shall be based
upon estimates submitted by the petitioner or someone in on his
or her behalf, and shall be subject to revision whenever it appears that the
estimates were incorrect, and upon revision a further payment or rebate shall
be made promptly. In the event that the appointment of a receiver or custodian, pending the appointment of
an administrator, guardian, or conservator, or the probate of or recording of a will, is necessary, the fee so
paid for the petition shall be applied on the amount to be paid upon the filing
of a petition for the appointment of the administrator, guardian, or
conservator, or for the probate of or recording of
the will. The court at any time may cite in and examine any receiver, custodian, executor, administrator,
guardian, or conservator for the purpose of determining the full fee due and
payable. Also, the following fees shall be charged:
(1) For every petition to file a claim out of time, thirty dollars ($30.00);
(2) For every petition for the removal of an executor, administrator, guardian, conservator, or other fiduciary, thirty dollars ($30.00);
(3) For every petition for appointment of a successor guardian under the uniform gifts to minors act, thirty dollars ($30.00);
(4) For every petition to file a will with no probate, thirty dollars ($30.00);
(5) An
For every affidavit of complete administration,
thirty dollars ($30.00);
(6) For every certificate of appointment, five dollars ($5.00);
(7) For every petition to remove or
fill a vacancy of a trustee of any trust established under a will, or the
termination of such trust, thirty dollars ($30.00); and
(8) For every petition for tax
minimization or estate planning, thirty dollars ($30.00).;
(9) For every petition for change of name, thirty dollars ($30.00); and
(10) For every petition for adoption, thirty dollars ($30.00).
(b) Upon payment of any fee enumerated in this section, the clerk of the court shall issue a written receipt to the person making payment. In the event that the matter filed with the court calls for a hearing, the clerk of the court shall note the hearing date and time on the receipt whenever possible; otherwise, as soon as is practicable after the filing of the matter, the clerk of the court shall provide written notice of the hearing date and time directly to the person filing the matter.
(c) The clerk of the court shall charge one dollar and fifty cents ($1.50) per page and three dollars ($3.00) to certify any probate documents on file with the probate court.
SECTION 3. This act shall take effect upon passage.
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LC004845
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