§ 33-23-1. Filing of claim of appeal, record, and reasons. (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 […]
§ 33-23-10. Assignment for hearing. (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 […]
§ 33-23-11. Failure to file appeal claimed. 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 […]
§ 33-23-12. Repealed. History of Section.C.P.A. 1905, § 801; G.L. 1909, ch. 311, § 6; G.L. 1923, ch. 362, § 6; G.L. 1938, ch. 573, § 6; G.L. 1956, § 33-23-12; P.L. 1996, ch. 110, § 13; P.L. 2004, ch. 573, § 3; P.L. 2007, ch. 158, § 2; P.L. 2007, ch. 257, § 2; […]
§ 33-23-13. Discontinuance of appeal. 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 from the clerk […]
§ 33-23-14. Modification of decrees after discontinuance of appeal. 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 amount and […]
§ 33-23-15. Want of jurisdiction — Amendments to supply defects. 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 […]
§ 33-23-16. Correction of want of notice. 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 person. […]
§ 33-23-17. Consolidation of appeals — Addition of parties. 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 further […]
§ 33-23-18. Affirmance, reversal, or entry of new decree. 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 […]
§ 33-23-19. Transmission of final decree to probate court. 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. History of Section.C.P.A. 1905, […]
§ 33-23-2. Suspension of order or decree pending appeal. 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 […]
§ 33-23-20. Conclusiveness of advice or direction of probate court. 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 […]
§ 33-23-3. Effect of appeal from granting of letters. 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, file an inventory […]
§ 33-23-4. Sale of tangible personal property pending appeal. 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 leave of the probate […]
§ 33-23-5. Sale of personalty in general pending appeal. 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 according to law, the […]
§ 33-23-6. Powers over real estate pending appeal. 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 according to law, shall, […]
§ 33-23-7. Transfer of estate pending appeal from decree removing fiduciary. 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 person […]
§ 33-23-8. Notice of appeal. (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 […]
§ 33-23-9. Assignment day. 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 appealed was executed by the […]
