Title 33, Title 33 Practice and Procedure

The court may also, in addition to the foregoing modes, order notice by advertisement in a newspaper published in other than the English language, or in such other manner as the case may require.

If it shall appear to the court, before proceeding, that notice has been given to all known parties interested, 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, unl…

The notice required by law in any proceeding in a probate court may be dispensed with if all parties entitled thereto assent in writing to the proceeding.

The legislative commission established under chapter 26 of this title shall prescribe the forms to be used by the probate courts and for the records thereof, which shall be printed, and furnished by the secretary of state or his or her designee to the clerks of the probate courts…

When before or at the hearing on any proceeding in a probate court it appears to the court that the interest of a person unborn, unascertained, or legally incompetent to act in his or her own behalf, is not fully represented, the court may appoint some competent and disinterested…

Oaths required in proceedings in probate courts may be administered by the judge or clerk, in or out of court, or by a notary public or justice of the peace; and when administered out of court, a certificate thereof shall be returned and filed or recorded with the proceedings, bu…

(a) At the request of any party thereto, or at the request of the probate judge presiding thereat, any proceedings held in probate court shall be recorded by the probate clerk, by either electronic or stenographic means (the means utilized to be determined by the probate clerk), …

(a) In uncontested matters and/or matters on waiver, the Rhode Island Rules of Evidence adopted by the supreme court, may be used as a guide, but need not be followed, for the admission or exclusion of evidence. (b) In all contested matters, the Rhode Island Rules of Evidence sha…

Whenever any petition shall be filed for the probate of a will or for the first grant of original or ancillary administration in this state, the petitioner shall set forth under oath in the petition: (1) The title of the proceeding and the name and address of the petitioner. (2) …

Whenever money is directed to be paid into the registry of the probate court, the court shall forthwith deposit the money in one of the institutions for savings or in one of the trust companies of this state. This deposit shall be made in the name of the probate court and shall b…

(a) The fees in probate courts shall be as follows: for every petition for the appointment of a custodian, administrator, guardian, or conservator, or for the probate of a will, one percent (1.0%) of the personal property of the decedent or ward over which the court has jurisdict…

No probate fees shall be charged in any estate where the appointment of a guardian is for the purpose of receiving benefits of the laws administered by the United States veterans administration.

Any city council, or any town at the annual town meeting, may provide for the payment into the city or town treasury of all fees allowed the probate court or probate clerk, or both, and may allow in lieu of a fee a salary for the town council, probate judge, or probate clerk for …

In cases contested before a probate court or on appeal from the probate court, costs and reasonable attorneys’ fees in the discretion of the court may be awarded to either party to be paid by the other, or to either or both parties to be paid out of the estate which is the subjec…

When costs and/or fees are awarded to be paid by one party to the other pursuant to § 33-22-26, the probate court may issue execution for costs in like manner as a court of common law.

(a) In every petition for change of name in the probate court, the judge shall grant or deny the petition without consideration of presence or absence of spousal consent. The change of name of a person shall be granted unless such change is sought for fraudulent purposes. (b) A p…

The probate court of each city or town shall promulgate local administrative rules designed to facilitate the efficient discharge of the statutory duties of such court; provided, however, that no such local administrative rule shall expand, contract or otherwise vary any specific…

In addition to the notice prescribed by § 33-7-9, and to notice by publication in the manner as prescribed by § 33-22-11, the petitioner or his or her attorney shall, at least ten (10) days before the date set for hearing on the petition, send or cause to be sent by mail, postage…

Dockets of matters at regular sessions of the probate court shall be prepared by the clerk and heard by the court in such a way as to ensure that formal and uncontested matters are heard before contested matters. The probate court may hold such additional special sessions as reas…

(a) Every decision of a probate court shall be reduced to a written order or decree, promptly executed by the probate judge, entered and filed in a timely fashion by the probate clerk. No party can rely upon any action, inaction or instructions of the probate court nor take an ap…

If all interested parties shall, in writing, waive the notice required by § 33-22-3 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 notice prescribed by § 33-7-9 and the notice by publication in the manner as prescribed by § 33-22-11 shall also be given in all cases in which notice by mail is required by § 33-22-3, unless waived in writing by the persons entitled to such notice, but failure to comply with…

(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 …

Whenever the account of any executor, administrator or guardian contains a credit of the proceeds of any sale or mortgage of real estate, or of any interest therein, the notice given before the settling of this account shall state that the account contains the credit.