Introduced By: Representatives Heffner, Simonian, C. Levesque, Watson and Reilly
Date Introduced : February 2, 1999
SECTION 1. Sections 33-24-1 and 33-24-2 of the General Laws in Chapter 33-24 entitled "Small Estates" are hereby amended to read as follows:
33-24-1. Voluntary informal administration of small estates.
-- If a resident of Rhode Island dies leaving an estate
consisting entirely of personal property the total value of which
otherwise subject to {DEL rebate DEL} {ADD being listed on
a probate inventory pursuant to section 33-9-1, ADD} {DEL ( DEL}exclusive
of {DEL any motor vehicle DEL} {ADD tangible personal property ADD}
of which the decedent was owner {DEL ) DEL} {ADD , ADD} does
not exceed fifteen thousand dollars ($15,000) in value, his or
her surviving spouse, child, grandchild, parent, brother, sister,
niece, nephew, aunt or uncle, {ADD or any interested party, ADD}
if of full age and legal capacity and a resident of this state,
may, after the expiration of thirty (30) days from the death of
the decedent, provided no petition for letters testamentary or
letters of administration {DEL have DEL} {ADD has ADD} been
filed with the probate court of the city or town in which the
decedent resided, file with said probate court upon a form prescribed
by the court a statement, verified by oath or affirmation containing:
(a) The name and residential address of the affiant,
(b) The name, residence and date of death of the deceased,
(c) The relationship of the affiant to the deceased,
(d) A schedule showing every asset known to the affiant {DEL of
the estate or DEL} titled {DEL (either DEL} solely
{DEL or jointly with another) DEL} in the decedent's name
{DEL or DEL} {ADD and all assets known or believed to be
titled in the decedent's name as of the decedent's date of death, ADD}
{DEL the decedent's date of death known to the affiant DEL}
and the estimated value of each such asset,
(e) A statement that the affiant has undertaken to act as voluntary administrator of the estate of the deceased and will administer the same according to law, and apply the proceeds thereof in conformity with this section,
{DEL (f) The names and addresses of surviving joint owners
of property with the deceased, known to the affiant; and DEL}
{ADD (f) ADD} {DEL (g) DEL}The names and addresses known to
the affiant of the persons who would take under the provisions
of Rhode Island general laws section 33-1-10 in the case of intestacy.
Upon presentation of such statement, accompanied by a certificate of the death of the deceased and payment of a fee of thirty dollars ($30.00), the clerk of the probate court shall file these documents as a part of the permanent record of the court. Upon the payment of five dollars ($5.00), the clerk of the probate court shall, if no other probate proceeding for administration of such estate is pending in said court, issue an attested copy of the statement duly filed under this section, but only after such statement has been reviewed by the judge of the probate court. No hearing in the probate court shall be required as a condition for the issuance of the attested copy by the clerk of the probate court; provided, however, that the probate judge may require a hearing to take place in order to determine whether such certificate should issue.
Upon the presentation of a copy of such a statement duly attested by the clerk of the probate court, the tender of a proper receipt in writing and the surrender of any policy, passbook, note, certificate or other evidentiary instrument, a voluntary administrator may, as the legal representative of the deceased and his or her estate, receive payment of any debt or obligation in the nature of a debt, or delivery of any chattel or asset, scheduled in such statement. Payments and deliveries made under this section shall discharge the liability of the debtor, obligor or deliverer to all persons with respect to such debt, chattel, obligation or other asset unless, at the time of such payment or delivery, a written demand has been made upon such debtor, obligor or deliverer by a duly appointed executor or administrator.
A voluntary administrator may sell any chattel so received and negotiate or assign any choice in action to convert the same to cash in a reasonable amount.
A voluntary administrator shall, as far as possible out of the assets which come into his or her hands, first discharge the necessary expenses of the funeral and last sickness of the deceased and the necessary expenses of administration without fee for his or her services, and then pay the debts of the deceased in the order specified in Rhode Island general laws section 33-12-11 and any other debts of the estate, and then distribute the balance, if any, to the surviving spouse, or, if there is no surviving spouse, to the persons and in the proportions prescribed by Rhode Island general laws section 33-1-10.
A voluntary administrator shall be liable as an executor in his or her own wrong to all persons aggrieved by his or her administration of the estate, and, if letters testamentary or letters of administration are at any time granted, shall be liable as such an executor to the rightful executor or administrator.
33-24-2. Administration of small estates where executor
named in will -- Voluntary executors. -- If a resident
of Rhode Island dies leaving an estate {ADD that would otherwise
be subject to being listed on a probate inventory pursuant to
section 33-9-1, ADD} consisting entirely of personal property {ADD , ADD}
the total value {ADD , ADD} {DEL of which ( DEL}exclusive of
{DEL any motor vehicle DEL} {ADD tangible personal property ADD}
of which the decedent was owner {DEL ) DEL} {ADD , ADD} does
not exceed fifteen thousand dollars ($15,000) in value, and he
or she leaves a will naming a person as executor, the named person,
if of full age and legal capacity, may, (or, if the named person
declines or is unable to serve, then any person named as alternate,
or, if such alternate declines or is unable to serve, then the
surviving spouse, child, grandchild, parent, brother, sister,
niece, nephew, aunt or uncle, {ADD or any interested party, ADD}
if of full age and legal capacity and a resident of this state),
after the expiration of thirty (30) days from the death of the
decedent, provided no petition for letters testamentary or letters
of administration {DEL have DEL} {ADD has ADD} been filed
with the probate court of the city or town in which the decedent
resided, file with said probate court upon a form prescribed by
the court a statement, verified by oath or affirmation containing:
(a) The name and residential address of the affiant,
(b) The name, residence and date of death of the deceased,
(c) The relationship of the affiant to the deceased,
(d) A schedule showing every asset known to the affiant {DEL of
the estate or DEL} titled {DEL (either DEL} solely
{DEL or jointly with another) DEL} in the decedent's name
{DEL or DEL} {DEL the decedent's date of death known
to the affiant DEL} {ADD and all assets known or believed to
be titled in the decedent's name as of the decedent's date of
death ADD} and the estimated value of each such asset,
(e) A statement that the affiant has undertaken to act as voluntary administrator of the estate of the deceased and will administer the same according to law, and apply the proceeds thereof in conformity with this section,
{DEL (f) The names and addresses of surviving joint owners
of property with the deceased, known to the affiant; and DEL}
{ADD (f) ADD} {DEL (g) DEL} The names and addresses known to
the affiant of the persons who would take under the provisions
of Rhode Island general laws section 33-1-10 in the case of intestacy,
and
{ADD (g) ADD} {DEL (h) DEL} The names and addresses known to
the affiant of the persons who would take under the provisions
of the will.
The original of the will shall be filed with the above statement and if the executor resides outside the state he or she shall appoint a resident agent to represent him or her in the state.
Upon presentation of such statement, accompanied by a certificate of the death of the deceased and payment of a fee of thirty dollars ($30.00), the clerk of the probate court shall file these documents as a part of the permanent record of the court. Upon the payment of five dollars ($5.00), the clerk of the probate court shall, if no other probate proceeding for administration of such estate is pending in said court, issue an attested copy of the statement duly filed under this section, but only after such statement has been reviewed by the judge of the probate court. No hearing in the probate court shall be required as a condition for the issuance of the attested copy by the clerk of the probate court; provided, however, that the probate judge may require a hearing to take place in order to determine whether such certificate should issue.
Upon the presentation of a copy of such a statement duly attested by the clerk of the probate court, the tender of a proper receipt in writing and the surrender of any policy, passbook, note, certificate or other evidentiary instrument, a voluntary executor may, as the legal representative of the deceased and his or her estate, receive payment of any debt or obligation in the nature of a debt, or delivery of any chattel or asset, scheduled in such statement. Payments and deliveries made under this section shall discharge the liability of the debtor, obligor or deliverer to all persons with respect to such debt, chattel, obligation or other asset unless, at the time of such payment or delivery, a written demand has been made upon such debtor, obligor or deliverer by a duly appointed executor or administrator.
A voluntary executor may sell any chattel so received and negotiate or assign any choice in action to convert the same to cash in a reasonable amount.
A voluntary executor shall, as far as possible out of the assets which come into his or her hands, first discharge the necessary expenses of the funeral and last sickness of the deceased and the necessary expenses of administration without fee for his or her services, and then pay the debts of the deceased in the order specified in Rhode Island general laws section 33-12-11 and any other debts of the estate, and then distribute the balance, if any, according to the terms of the will, and should that prove impossible, the balance to the surviving spouse, or, if there is no surviving spouse, to the persons and in the proportions prescribed by Rhode Island general laws section 33-1-10.
A voluntary executor shall be liable as an executor in his or her own wrong to all persons aggrieved by his or her administration of the estate, and, if letters testamentary or letters of administration are at any time granted, shall be liable as such an executor to the rightful executor or administrator.
SECTION 2. Sections 33-17-1.2, 33-17-1.3, 33-17-10 of the General Laws in Chapter 33-17 entitled "Bonds of Executors, Administrators, and Guardians" are hereby amended to read as follows:
33-17-1.2. When surety not required. -- {ADD (a) ADD}
No surety shall be required on any bond, including surety on
a bond for the sale of real estate, of an administrator of the
estate of a person who died intestate, when the administrator
is the surviving spouse or the sole heir of the decedent {DEL
DEL} {ADD , or when the administrator is an heir-at-law of
the decedent who demonstrates to the satisfaction of the probate
court that circumstances warrant the waiver of surety and/or that
no surety should be required. ADD} {DEL ; provided, however,
the DEL} {ADD The ADD} probate court may require surety {DEL if DEL}
{ADD in any instance where it finds ADD} the circumstances {DEL shall DEL}
so warrant {DEL . DEL} {ADD such surety. ADD}
{ADD (b) In making a determination as to whether surety should be required, the probate court's consideration may include, but shall not be limited to, the following: ADD}
{ADD (1) The total number of the decedent's heirs at law; ADD}
{ADD (2) The relationship of the heirs at law to one another; ADD}
{ADD (3) The extent to which there appears to be issues and/or conflicts between the heirs at law in regard to the decedent's estate, or the corresponding lack of such issues and/or conflicts; and ADD}
{ADD (4) The total size, extent and monetary value of the decedent's estate; and ADD} {ADD ADD}
{ADD In making a determination pursuant to provisions of this section, the court may conduct such hearings as it deems appropriate. ADD}
33-17-1.3. When surety not required for guardians. --
{DEL Surety DEL} {ADD No surety ADD}shall be required on
any bond of a guardian of the person and/or estate when the guardian
is the spouse, parent, child, brother, {DEL or DEL} sister
{DEL of the ward unless the probate court in its discretion
determines that the circumstances warrant no surety requirement. DEL}
{ADD , or other heir-at-law of the ward if such guardian demonstrates
to the satisfaction of the probate court that circumstances warrant
the waiver of surety and/or that no surety should be required. ADD}
{ADD In making a determination as to whether surety should be required for guardians, the probate court's consideration may include, but shall not be limited to, the following: ADD}
{ADD (1) The total number of the ward's heirs at law; ADD}
{ADD (2) The relationship of the ward's heirs at law to one another; ADD}
{ADD (3) The extent to which there appears to be issues and/or conflicts between the ward's heirs at law in regard to the guardianship, or the corresponding lack of such issues and/or conflicts; and ADD} {ADD ADD}
{ADD (4) The total size, extent, and monetary value of the ward's estate. ADD}
{ADD In making a determination pursuant to the provision of this section, the court may conduct such hearings as it deems appropriate. The provisions of this section shall apply to both temporary and/or full guardianships. ADD}
33-17-10. Requiring further bond or sureties. -- {ADD (a) ADD} If a bond given to a probate court is insufficient either in amount or security, the court shall require further bond, surety, or sureties of the executor, administrator, or guardian, and on his or her neglect or refusal to give further bond or sureties within the time fixed by the court, the court shall remove the executor, administrator, or guardian without further notice, and appoint an administrator or guardian, respectively, to succeed him or her.
{ADD (b) In the event a probate court requires: (a) a fiduciary to file a bond with surety, and the amount is subsequently ordered to be increased; or (b) in the event a bond with surety is ordered for a temporary guardian, and the bond is ordered to be increased upon the entry/appointment of a permanent guardianship, the court may order the same bond to remain in effect and to be increased in an appropriate amount, as necessary. ADD}
SECTION 3. This act shall take effect upon passage.
