Title 33, Title 33 Practice and Procedure

Notice may also be given, in addition to the foregoing, in any one of the following modes: (1) By causing a citation to be served, if within this state, by a deputy sheriff, town sergeant, or constable, and, if outside the state, by some disinterested person, upon all known parti…

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.

(a) Any person aggrieved by an order or decree of a probate court (hereinafter “appellant”), may, unless provisions be made to the contrary, appeal to the superior court for the county in which the probate court is established by taking the following procedure: (1) Within twenty …

(a) The appellant may, in the reasons of appeal, claim a trial by jury of any factual dispute or issue raised in his or her reasons of appeal. Any interested person may, within twenty (20) days after service of notice of the probate appeal, claim a trial by jury of any factual di…

If the appellant fails to file his or her reasons of appeal in the superior court within the time allowed by § 33-23-1(a)(2), the probate court from which the appeal was taken shall, upon petition of any person interested, and upon such notice to the appellant as the court shall …

The party taking an appeal from an order or decree of a probate court may, at any time, discontinue the appeal in the manner provided for the discontinuance of proceedings in the superior court; and upon presentation to the probate court of a certificate of the discontinuance fro…

In case an appeal shall have been taken from a decree granting letters testamentary, or of administration with the will annexed, or of administration, or of guardianship, any order or decree of the probate court made previous to discontinuance of the appeal, prescribing the amoun…

No order or decree of a probate court which may be appealed from, or in any collateral proceeding when the same shall not have been appealed from, shall be deemed to be invalid, or be quashed, for want of proper form, or for want of jurisdiction appearing upon the record, if the …

Whenever it shall appear in any probate proceeding that any person interested in the probate proceeding has not been duly notified, the jurisdiction of the court where the proceeding is pending shall not be defeated thereby, but the court may order notice to be given to that pers…

Whenever there shall be more than one probate appeal in the superior court, relating to substantially the same matter, the superior court may by special order provide for the consolidation of the appeals, for admitting or summoning in other parties, and for giving notice or furth…

The superior court may, upon appeal, affirm or reverse, in whole or in part, any order or decree of a probate court, and may enter such decrees as the probate court ought to have entered and may remand the case for further proceedings, with or without instructions, to the probate…

A copy of the final judgment entered by the superior court, in any probate appeal under the provisions of this chapter, shall be certified and transmitted by the clerk of the superior court, without fee therefor, to the probate court appealed from.

If an appeal is claimed from an order or decree of a probate court, the operation of the order or decree shall be suspended, except as otherwise provided in this chapter, until the appeal is dismissed or discontinued, or the order or decree shall be finally affirmed.

In all cases where an executor, administrator, or guardian is directed by law to obtain the advice and direction of the probate court before acting, there shall be no appeal from that advice or direction; and the advice and direction shall be conclusive, and all parties acting on…

If an appeal is claimed from a decree of a probate court granting letters testamentary, of administration, of administration with the will annexed, or of guardianship, the executor, administrator, administrator with the will annexed, or guardian, on giving bond as by law required…

In case of an appeal from an order or decree of a probate court granting letters testamentary, of administration, of administration with the will annexed or of guardianship, the executor, administrator, administrator with the will annexed, or guardian, pending the appeal, upon le…

In case of an appeal taken from an order or decree of a probate court granting letters testamentary, of administration, of administration with the will annexed, or of guardianship, the executor, administrator, administrator with the will annexed, or guardian, having given bond ac…

In case of an appeal taken from an order or decree of a probate court granting letters testamentary, of administration, of administration with the will annexed, or of guardianship, the executor, administrator, or administrator with the will annexed, or guardian, having given bond…

A decree of a probate court removing an executor, administrator or guardian shall have effect, notwithstanding an appeal, until otherwise finally determined on appeal. The probate court may in this case appoint a successor to the person removed, to whom, when qualified, the perso…

(a) When a probate appeal is entered in the superior court, the appellant shall serve a true copy of the reasons of appeal by regular mail, postage prepaid, to all interested persons in the estate of the deceased or ward and to all persons who entered an appearance, pro se or thr…

The probate appeal may be assigned to the formal and special cause calendar, the continuous non-jury trial calendar, or the continuous jury trial calendar, as the case may be, which occurs not less than seventy-five (75) days from the date that the probate order or decree appeale…

(a) If a resident of Rhode Island dies leaving an estate consisting entirely of personal property the total value of which otherwise subject to being listed on a probate inventory pursuant to § 33-9-1, exclusive of tangible personal property of which the decedent was owner, does …

(a) If a resident of Rhode Island dies leaving an estate that would otherwise be subject to being listed on a probate inventory pursuant to § 33-9-1, consisting entirely of personal property, the total value, exclusive of tangible personal property of which the decedent was owner…