Title 33, Title 33 Practice and Procedure

In any case where real estate shall be ordered sold by any court, except where otherwise specifically provided, or real estate is taken under authority of law, and it shall appear that a surviving husband or wife is or may be entitled under this chapter to a life estate in the pr…

This chapter shall apply to rights of common law and/or statutory dower or common law and/or statutory curtesy as they existed prior to April 17, 1978, but, if it should be held that this chapter cannot constitutionally apply thereto, it shall nevertheless be fully effective with…

(a) There is hereby established a special legislative commission consisting of twenty-one (21) members: three (3) of whom shall be from the house of representatives, not more than two (2) from the same political party to be appointed by the speaker; two (2) of whom shall be from …

(a) The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this chapter, to take an elective share equal to: (1) The life estate and allowance in an intestate’s real estate titled in the name of …

(a) The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the probate court pursuant to § 33-28-4(a). If the election is not exercised by the surviving spouse personally, it may be exercised on the sur…

(a) The right of election of a surviving spouse and the rights of the surviving spouse to allowances pursuant to chapter 10 of this title may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the surviving spouse. The …

(a) If any estate, real or personal, be devised or bequeathed to a surviving spouse, the devise or bequest shall bar the elective share unless the surviving spouse shall, within six (6) months after the date of the first publication of the qualifications of the fiduciary of the e…

(a) The father and mother shall be the joint natural guardians of their minor children and shall be equally charged with their care, nurture, welfare and education; and they may be sued either jointly or separately for the support of their minor children. To the extent that any s…

No person shall be appointed guardian of the person of another, unless notice of the application for the appointment has been served upon the intended ward in person at least fourteen (14) days prior to any action on the application. Provided, if the intended ward is a minor unde…

(a) No petition for guardianship of a minor shall be heard and no person shall be appointed guardian of the person or estate of another unless notice of the application for appointment together with notice of the date, time and place set for hearing has been given to the prospect…

If a guardian is appointed for any person liable to be put under guardianship under the provisions of this chapter, the court shall make an allowance to be paid by the guardian, for all reasonable expenses incurred in prosecuting or in defending against the petition.

In any petition for the appointment of a guardian filed by the director of public welfare of any city or town, or the directors of the department of human services and behavioral healthcare, developmental disabilities and hospitals, or one designated by them in which the director…

The probate court for cause shown after any notice as it shall direct, pending any application for the appointment of a guardian, or pending any appeal from a decree appointing a guardian, may, if it shall deem proper, appoint a temporary guardian of the person and estate, or of …

A temporary guardian shall hold his or her office until the question of appointment of a guardian be decided, or until he or she shall be discharged by the court of probate; and from the appointment of a temporary guardian there shall be no appeal.

Every temporary guardian appointed as provided in § 33-15.1-14 shall have the care and custody of the person of his or her ward and the management of the estate of his or her ward, or care and custody of the person of his or her ward, or management of the estate of his or her war…

Within thirty (30) days after his or her appointment, or such longer time as may be allowed by the probate court, a guardian shall return to the probate court, under oath, an inventory and appraisement of all the real and personal estate of his or her ward, to be made by a suitab…

Creditors of a ward shall file statements of their claims in the office of the probate clerk. Those claims filed within six (6) months, if allowed or proved, shall be preferred in payment over all claims subsequently filed. Claims filed after six (6) months shall be payable only …

All legal demands against the ward, although due at a future day, may be filed and be payable with other claims, deducting interest for the anticipated payment.

Whenever the family court places a child in the care and custody of the state, it shall enter an order indicating whether the parents or guardian are to be allowed to continue to make educational decisions on behalf of the child. At the same time, the family court shall make a fa…

Every creditor shall file his or her post office address in the office of the probate clerk, and, if requested, an affidavit in support of his or her claim, in the same manner as is provided in the case of claims against estates of deceased persons.

A guardian shall collect all the personal property of his or her ward and sell and apply the personal property or so much as shall be necessary, at the time and in the manner as the court of probate shall direct, to the payment of all the debts of his or her ward; but if the prop…

Whenever a guardian of the estate only is appointed, the property of the minor in the hands of the guardian shall not be chargeable with any debt against the minor contracted during the life of his or her father; but in case any part of the property of the minor is deemed necessa…

If the personal property in the hands of a guardian is insufficient to pay the debts of his or her ward, including incumbrances on his or her estate, and the expense of supporting him or her and his or her family, the guardian may be authorized by the probate court to sell, or to…

A guardian may make application for the sale of the personal estate of his or her ward, or any of it, for better or more advantageous investment, or for the support of his or her ward and the ward’s family, or for any other purpose beneficial to the ward, and for incidental charg…

Within thirty (30) days after the expiration of the six (6) months, the guardian shall file in the office of the probate clerk a statement disallowing any of the claims filed as he or she intends to contest, and shall give notice in writing, either personally or by registered or …

No action shall be brought or prosecuted against any person under guardianship within seven (7) months after the first publication of the notice. A creditor shall be entitled to his or her whole claim if the estate is solvent, or a dividend if the estate should prove insolvent, u…

Guardians may be authorized to invest any money in their hands, not needed for the payment of debts, or for the support or education of their wards, in notes secured by mortgage upon unencumbered, improved real estate situated in this state, or in the bonds or other indebtedness …

Every guardian of the person shall take suitable charge of the person over whom he or she shall be appointed guardian, and every guardian of the estate of another shall manage the same frugally and without waste, and shall apply the income and profits of the estate or so much as …

A guardian shall return to the probate court, in every year, his or her account, in the same manner as executors and administrators are by law required to do, and upon neglect shall be cited by the court so to do; and upon failure to comply with the citation for thirty (30) days,…

In any proceedings or suit in any court, neither parent shall have any natural priority or preference in any matter relating to their minor children.

Guardians of minors shall take special charge of their education, and guardians appointed under the provisions of § 33-15-8 shall take like charge of the education of the children of their wards, unless guardians shall be appointed for those children; and the estates of wards, an…

Whenever the ward is the owner of stock in any corporation, the guardian shall have and exercise in behalf of his or her ward all the rights and powers of voting, either personally or by proxy, and the right of examination of books, incident to ownership.

Whenever a guardian or a conservator of any person or the estate of any person is appointed by any court in this state and that person has, prior to the appointment of the guardian or conservator, provided for any other person out of his or her estate, whom the person for whom a …

An appeal may be taken to the supreme court from any final order, judgment or decree of the superior court from any final order, judgment or decree of the superior court entered in any proceeding brought under the provisions of § 33-15.1-32 at any time within twenty (20) days fro…

The provisions of §§ 33-15.1-32 and 33-15.1-33 shall apply to any estate where a guardian or conservator has been appointed whether prior to June 13th, 1923, or thereafter.

In all cases where a guardian and his or her ward are both nonresidents in this state and his or her ward is entitled to property of any description in this state, the guardian, on producing satisfactory proof to the probate court of the town where any property is situated, by ce…

Whenever a nonresident guardian shall produce an exemplification, under the seal, if any there be, of the proper court in the state of his or her residence, containing all the entries in relation to his or her appointment and in relation to his or her having given bond, duly auth…

The court may remove any guardian appointed or approved by it who, by any reason of absence, sickness, insanity or other cause, shall become incapable of executing his or her trust, or who shall neglect or refuse to do the duties thereof, or who shall waste the estate of his or h…

Probate courts are authorized to allow in the settlement of the accounts of any guardian any reasonable sums as the guardian shall have paid for the suitable support of his or her ward and family, and also a reasonable compensation to the guardian for his or her services.

If a guardian shall neglect to return a true inventory of his or her ward’s estate or shall neglect to apply the real and personal estate of his or her ward to the payment of the ward’s debts, it shall be deemed a breach of his or her bond, and he or she and his or her sureties s…

The probate court in each city or town, if occasion shall require, shall have power to appoint or approve guardians of the persons and estates, or of the person or estate of minors who shall reside, or have a legal settlement in the city or town, and of the estate within the city…

The parents or guardian of a minor child who resides with the parents or guardian shall have the authority to have the child tested for substance abuse, at the discretion of the parent or guardian. The results of any tests performed pursuant to this section shall not be admissibl…

A probate court may appoint a guardian of a minor under the age of fourteen (14) years. A minor of the age of fourteen (14) years or over may nominate his or her own guardian, who, if approved by the probate court, shall be appointed accordingly.

If a minor of the age of fourteen (14) years shall neglect to choose a guardian when cited by the court to do so, or shall choose one whom the court does not approve, or one who shall neglect to give bond as required by the court or by law, the court may appoint a guardian in the…

Every person authorized by law to make a will may appoint by will, subject to the approval of the probate court, a guardian or guardians for his or her minor children, whether born at the time of making the will or afterwards, to continue during the minority of the children or fo…

A nonresident shall not be appointed or approved as guardian of a minor resident in this state, but this provision shall not apply to a testamentary guardian.