§ 33-3-1. Power of probate court — Application for division. After payment of the debts, charges, and expenses of settling the estate of any person dying intestate, the probate court which granted administration on the estate may divide the real estate of which such intestate died seised, among the parties entitled thereto, in the proportion […]
§ 33-3-10. Real estate not disposed of by will. Whenever any person shall die leaving a last will and testament duly executed, and shall at the time of his or her decease be seised of any real estate not disposed of by the will, the estate shall be divided among the heirs at law of […]
§ 33-3-11. Division of real estate devised in common. Real estate held in common by devise may be divided, according to the respective rights of the parties entitled to such real estate, in the manner and form prescribed in this chapter for the division of intestate estates, and the like proceedings shall be had for […]
§ 33-3-12. Division of remainder in property. Any part of the real estate of any testator or intestate as shall be assigned to his widow pursuant to § 33-1-6 shall, after her death, be divided among the devisees, or heirs at law, of the deceased, in the same manner as the real estate would have […]
§ 33-3-13. Payment of expenses of division on appeal to superior court. Whenever partition or division shall be made by any probate court, and there shall be an appeal to the superior court, and any one or more of the interested parties shall neglect or refuse to pay their just proportion of the expense of […]
§ 33-3-14. Certificate of descent. Prior to acceptance by the probate court of the final account or affidavit of complete administration, the fiduciary shall submit to the probate court an affidavit of no real property or a duly recorded certificate of descent which shall contain the name and place of residence of each person to […]
§ 33-3-2. Time of proceeding — Notice. Upon the filing of such application a time shall be appointed for proceeding therein, and notice thereof shall be given, in such manner as the probate court shall appoint, to the parties in interest. History of Section.C.P.A. 1905, § 943; G.L. 1909, ch. 316, § 11; G.L. 1923, […]
§ 33-3-3. Decree determining parties entitled — Appointment of commissioners. At the time appointed, the court shall by decree determine who are the parties entitled to a share of the intestate’s estate, the amount of advancement made by the intestate to any of the parties, and the share to which each of the parties is […]
§ 33-3-4. Directions as to advancements. If any child or grandchild of an intestate shall have received from him or her any real or personal estate for his or her advancement, the probate court shall ascertain the amount thereof before appointing commissioners to divide the real estate, and shall, in its decree of division, direct […]
§ 33-3-5. Warrants to commissioners. The court shall issue its warrants to the commissioners, which shall be in substance as follows: THE STATE OF RHODE ISLAND. SC. To ………….. of ………….. in the county of ………………………………….. Greeting: Whereas the probate court of the town of ………….. at its session on the ………….. day of ………….. […]
§ 33-3-6. Division of property by commissioners. The commissioners shall proceed, as soon as may be after receiving their warrant, to execute the duties required of them by virtue thereof and divide the real estate in the manner and proportions prescribed in the decree recited in the warrant. History of Section.C.P.A. 1905, § 946; G.L. […]
§ 33-3-7. Assignment of shares by lot or agreement. If the share of any of the parties shall be less than the share of each of the other parties, and the shares of those other parties be equal, in such case the commissioners shall set off the smaller share to such party and assign the […]
§ 33-3-8. Commissioners’ report. The commissioners shall make report of all their proceedings under the warrant to the probate court that appointed them; which report shall be passed upon by the court after notice, and, if finally established, shall be recorded in the records of land evidence in the several towns or cities wherein any […]
§ 33-3-9. Representation of infants and persons non compos mentis. In case any infant or person non compos mentis shall be interested in the partition of any estate as provided in § 33-3-3, the application for the same shall be made and signed by his or her guardian, if he or she has one, otherwise […]
