2013 -- H 5234

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LC00825

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE - CUSTODY AND PROBATE

OF WILLS

     Introduced By: Representative Samuel A. Azzinaro

     Date Introduced: January 31, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 33-7-5 of the General Laws in Chapter 33-7 entitled "Custody and

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Probate of Wills" is hereby amended to read as follows:

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     33-7-5. Duty of person in possession of will to deliver into court. -- (a) Every person,

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other than a probate clerk, who has custody of a will including the executor named in the will,

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shall, within thirty (30) days after notice of the death of the testator, deliver the will into the

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probate court which has jurisdiction of the probate thereof accompanied by a petition to probate

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will along with the statutory fee., or to the executors named in the will, who shall themselves

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deliver it into court within thirty (30) days after they receive the will; and if any executor or other

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person neglects, without reasonable cause, to deliver a will, after being duly cited for that purpose

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by the court, he or she may be adjudged to be in contempt and may be committed therefor to the

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adult correctional institutions and shall remain there until he or she delivers the will to the court;

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and he or she shall be further liable, to any party aggrieved, for the damage sustained by reason of

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the neglect.

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      (b) Provided further, that a fiduciary nominated in a will may deliver such will to the

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probate court with an affidavit containing If it has been determined that there are no assets of the

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estate requiring probate, the will shall be accompanied by a petition to file will with no assets

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signed by the fiduciary nominated in said will. Said petition shall contain the following

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information, representations, and documentation:

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      (1) The date of death of the decedent accompanied by a certified copy of the decedent's

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death certificate;

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      (2) A representative representation that the funeral bill of the decedent has been paid,

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accompanied by a receipt therefor;

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      (3) The names and addresses of the heirs-at-law of the decedent at the decedent's date of

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death; and

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      (3)(4) A representation that the affiant has received no notice of the issuance of letters

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testamentary or letters of administration regarding the estate of the decedent, and that there are no

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assets of the decedent subject to probate.

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     (4) Upon receipt of such will and affidavit petition, the probate clerk, upon being paid a

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fee of thirty dollars ($30.00), shall receive and keep the will and accompanying affidavit petition

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and shall give a receipt of the deposit thereof.

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     (c) If any executor or other person neglects, without reasonable cause, to deliver a will,

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after being duly cited for that purpose by the court, he or she may be adjudged to be in contempt

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and may be committed therefor to the adult correctional institutions and shall remain there until

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he or she delivers the will to the court; and he or she shall be further liable, to any party

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aggrieved, for the damage sustained by reason of the neglect.

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     SECTION 2. This act shall take effect upon passage.

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LC00825

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE - CUSTODY AND PROBATE

OF WILLS

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     This act would require that any person delivering a will, with or without assets, to any

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probate court must also file the appropriate probate petition and pay the statutory fees.

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     This act would take effect upon passage.

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LC00825

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