2017 -- S 0663

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LC002186

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROBATE COURTS -- CHANGES

OF NAME

     Introduced By: Senators Jabour, Lombardi, Nesselbush, and Archambault

     Date Introduced: March 29, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 8-9-9 of the General Laws in Chapter 8-9 entitled "Probate Courts"

is hereby amended to read as follows:

     8-9-9. General probate jurisdiction.

     Every probate court shall have jurisdiction in the town or city in which it is established of

the probate of wills; the granting of administration, the appointment of custodians, of

administrators, of guardians of persons and estates, or of persons only or of estates only, and of

conservators; the accepting and allowing of bonds, inventories, and accounts of executors,

administrators, and guardians; the granting of leave to sell at public or private sale, or to mortgage

property, as hereinafter provided; of the making of partition of the real estate of deceased persons;

of the adoption of persons eighteen (18) years of age or older; of change of names of persons

eighteen (18) years of age or older; of the removal or filling of a vacancy of a trustee of any trust

established under a will, or the termination of such trust; of setting off and allowing real estate

and personal property to widows and surviving husbands; and of all other matters now within the

jurisdiction of probate courts. The court shall have power to accept the resignation of, or to

remove, any custodian, executor, administrator, or guardian, or any other person appointed by the

court, and also power to do and transact all matters and things incidental to the jurisdiction and

powers vested in probate courts by law. Every probate court shall have the power to follow the

course of equity insofar as necessary to fulfill the mandates of title 33 of the General Laws,

specifically: the replacement, removal, or filling of any vacancy of any trustee under a trust

established under a will; or tax minimization or estate planning under § 33-15-37.1. The

jurisdiction assumed in any case by the court, so far as it depends on the place of residence of a

person, shall not be contested in any suit or proceedings except in the original case or on appeal

therein or when the want of jurisdiction appears on the record.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROBATE COURTS -- CHANGES

OF NAME

***

     This act would restrict the jurisdiction of probate courts over change of name to the

names of persons eighteen (18) years of age or older.

     This act would take effect upon passage.

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LC002186

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