2013 -- S 0285 SUBSTITUTE A

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LC01067/SUB A

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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 - CLAIMS AGAINST

DECEDENTS' ESTATES

     Introduced By: Senators Jabour, Lombardi, and McCaffrey

     Date Introduced: February 12, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 33-11-5.1 of the General Laws in Chapter 33-11 entitled "Claims

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

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     33-11-5.1. Duty to notify known or reasonably ascertainable creditors. -- (a) If the

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identity of a creditor of the decedent's is known to or reasonably ascertainable by the personal

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representative, the personal representative shall, within a reasonable period of time after

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qualification, take such steps as are reasonably necessary to ensure that such creditor receives or

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has received actual notice of the commencement of the decedent's estate. The sending of a notice

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in the form contained in subsection (b) by the personal representative to the creditor at his/her or

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its last known address, by first class mail, postage prepaid, shall be deemed a means, but not the

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exclusive means, of satisfying the requirements of this section. The personal representative is not

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liable to a creditor or to a successor personal representative of the decedent for giving or failing to

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give notice under this section. (b) A personal representative shall be conclusively presumed to

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have complied with this section by sending a written notice in substantially the following form:

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     STATE OF RHODE ISLAND PROBATE COURT OF

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     COUNTY OF ______________ THE __________________

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     ESTATE OF (NAME OR ESTATE) (NO.)__________________

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     NOTICE OF COMMENCEMENT OF PROBATE

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     To: (Name of Creditor)

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     (last known address of creditor)

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     Notice is hereby given by (name of personal representative) that a probate estate has been

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commenced for (name of decedent) in the Probate Court of the (name of municipality, address of

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court) docket no. __________, said (name of fiduciary) having been qualified on (date of

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qualification).

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     A creditor must present a written statement of the claim indicating its basis, the amount

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claimed, the name and address of the claimant, and the name and address of the claimant's

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attorney (if any) within six (6) months after qualification. Claims should be mailed to the personal

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representative or attorney named below and filed with the clerk of the probate court.

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      _________________________________

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      Name and address of

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      Estate Personal Representative or

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Attorney

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      ______________________________

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      Date

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      (c) In all cases where the decedent was fifty-five (55) years or older at the time of death,

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the personal representatives shall give notice as required by this section to the executive office of

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health and human services in accordance with section 40-8-15.

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     SECTION 2. This act shall take effect upon passage and shall apply to all pending and

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future petitions.

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LC01067/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE - CLAIMS AGAINST

DECEDENTS' ESTATES

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     This act would require that when a decedent is fifty-five (55) years or older, that notice of

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the death be sent to the executive office of health and human services in accordance with section

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40-8-15.

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     This act would also repeal the provisions of the general laws that required that notice be

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given to certain persons specified in section 33-22-2 ten (10) days before the date set for a

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petition heard by the probate court.

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     This act would take effect upon passage, and would apply to all pending and future

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petitions.

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LC01067/SUB A

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