Section 33-25-2. – Life estate to spouse.
§ 33-25-2. Life estate to spouse. (a) Whenever any person shall die leaving a husband or wife surviving, the real estate owned by the decedent in fee simple at his or her death shall descend and pass to the husband or wife for his or her natural life subject, however, to any encumbrances existing at […]
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 33-25-3. – Life estate precedence.
§ 33-25-3. Life estate precedence. The life estates provided in this chapter shall take effect notwithstanding any provisions of the will of the decedent, except as provided in § 33-25-4, and shall take precedence over any claims of creditors of the decedent or decedent’s estate, except claims secured by lien or any form of encumbrance […]
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 33-25-4. – Election by surviving spouse — Recording of waiver and claim.
§ 33-25-4. Election by surviving spouse — Recording of waiver and claim. If any estate, real or personal, be devised or bequeathed to a surviving spouse, the devise or bequest shall bar the life estate unless the surviving spouse shall, within six (6) months after the date of the first publication of the qualifications of […]
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 – Repealed.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 Repealed.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 […]
Section 33-23-14. – Modification of decrees after discontinuance of appeal.
§ 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 […]
Section 33-23-15. – Want of jurisdiction — Amendments to supply defects.
§ 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 […]
Section 33-23-16. – Correction of want of notice.
§ 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. […]