Section 33-23-17. – Consolidation of appeals — Addition of parties.
§ 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 […]
Section 33-23-18. – Affirmance, reversal, or entry of new decree.
§ 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 […]
Section 33-23-19. – Transmission of final decree to probate court.
§ 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, […]
Section 33-23-20. – Conclusiveness of advice or direction of probate court.
§ 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 […]
Section 33-23-8. – Notice of appeal.
§ 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 […]
Section 33-23-9. – Assignment day.
§ 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 […]
Section 33-23-10. – Assignment for hearing.
§ 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 […]
Section 33-23-11. – Failure to file appeal claimed.
§ 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 […]
Section 33-23-12. – Repealed.
§ 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; […]
Section 33-23-13. – Discontinuance of appeal.
§ 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 […]