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 33-23-1. – Filing of claim of appeal, record, and reasons.
§ 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 […]
Section 33-23-2. – Suspension of order or decree pending appeal.
§ 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 […]
Section 33-23-3. – Effect of appeal from granting of letters.
§ 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 […]
Section 33-23-4. – Sale of tangible personal property pending appeal.
§ 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 […]
Section 33-23-5. – Sale of personalty in general pending appeal.
§ 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 […]
Section 33-23-6. – Powers over real estate pending appeal.
§ 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, […]
Section 33-23-7. – Transfer of estate pending appeal from decree removing fiduciary.
§ 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 […]