Section 33-18-14. – Service of process on fiduciary’s agent.
§ 33-18-14. Service of process on fiduciary’s agent. Service of any legal process upon an agent appointed under §§ 33-18-9 — 33-18-12 shall be of the same legal effect as if made upon his or her principal in this state. History of Section.C.P.A. 1905, § 863; G.L. 1909, ch. 312, § 49; G.L. 1923, ch. […]
Section 33-18-15. – Exercise of power of sale in mortgage.
§ 33-18-15. Exercise of power of sale in mortgage. In case of a mortgage containing powers of sale, the executor, administrator, or guardian of the estate for the time being of the mortgagee may, on default, unless provisions to the contrary be made in the mortgage, exercise the enumerated powers of sale. The executor, administrator, […]
Section 33-18-16. – Abandonment or adjustment of controversies.
§ 33-18-16. Abandonment or adjustment of controversies. The probate court may authorize executors, administrators, guardians, and conservators to submit to arbitration, to abandon, or to adjust by compromise, or otherwise settle or dispose of, any claim in favor of or against, or any controversy or thing whatever relating to the estates by them represented, whether […]
Section 33-18-17. – Action in name of estate prosecuted by interested person.
§ 33-18-17. Action in name of estate prosecuted by interested person. If an administrator, executor, or guardian shall be requested by any person legally interested in the estate of a deceased person, or person under guardianship, to commence an action or proceeding to recover any property, personal or real, which the legally interested person may […]
Section 33-18-6. – Transfer of records and property to successor fiduciary — Action on bond.
§ 33-18-6. Transfer of records and property to successor fiduciary — Action on bond. An administrator or guardian appointed to succeed an executor, administrator, or guardian shall demand and receive of the preceding executor, administrator, or guardian, his or her heirs, executors, or administrators, all the goods and effects, books of account, securities, documents, or […]
Section 33-18-7. – Continuation of actions by or against successor fiduciary.
§ 33-18-7. Continuation of actions by or against successor fiduciary. Whenever an executor, administrator, or guardian, by or against whom any action concerning the estate of the testator, intestate or ward is prosecuted shall die, resign, or be removed, the action shall not thereby be abated, but the successor, if any, may come into court […]
Section 33-18-1. – Publication of qualification of fiduciary — Statement filed by clerk.
§ 33-18-1. Publication of qualification of fiduciary — Statement filed by clerk. Upon the qualification of every executor, administrator, conservator, or guardian, the probate clerk shall give notice of the qualification by publication in any newspaper and as often as the court may direct, and in the newspaper shall notify creditors to file their claims […]
Section 33-18-2. – General grounds for removal of fiduciary.
§ 33-18-2. General grounds for removal of fiduciary. Whenever an executor, administrator, or guardian shall for any cause become incapable of executing his or her trust, or shall neglect or refuse to do the duties of the trust, or shall waste the estate of his or her ward or that on which he or she […]
Section 33-18-3. – Citation in action to remove fiduciary.
§ 33-18-3. Citation in action to remove fiduciary. Whenever complaint shall be made by any person interested in the estate, or by any creditor, or by the surety on the bond of any executor, administrator or guardian, for the removal of an executor, administrator or guardian, a citation shall issue to the executor, administrator or […]
Section 33-18-4. – Resignation of fiduciary.
§ 33-18-4. Resignation of fiduciary. Whenever an executor, administrator, or guardian shall in writing resign his or her trust to the probate court having jurisdiction of the estate, the court may accept the resignation and, upon petition, appoint a successor, who shall have all the power that the person resigning had unless provision to the […]