§ 33-18-1. Publication of qualification of fiduciary — Statement filed by clerk. Upon the qualification of every executor, administrator, conservator, or guardian, the probate clerk shall give notice of the qualification by publication in any newspaper and as often as the court may direct, and in the newspaper shall notify creditors to file their claims […]
§ 33-18-10. Appointment of agent by fiduciary removing from state. Every executor, administrator, or guardian appointed in this state but who thereafter leaves the state shall in writing appoint a like agent with like stipulations, and shall cause the writing to be filed in the office of the clerk of the probate court which appointed […]
§ 33-18-11. Death, resignation, or removal of fiduciary’s agent from state. If an agent appointed under the provisions of §§ 33-18-9 and 33-18-10 dies, resigns, or leaves the state before the final settlement of the estate, another like appointment shall be made and filed as above provided. History of Section.C.P.A. 1905, § 860; G.L. 1909, […]
§ 33-18-12. Revocation of power of fiduciary’s agent. The power of an agent appointed under either of §§ 33-18-9 — 33-18-11 shall not be revoked until the final settlement of the estate, unless another agent is appointed in his or her place and the appointment filed as above provided. History of Section.C.P.A. 1905, § 861; […]
§ 33-18-13. Removal of fiduciary for failure to appoint agent. Neglect or refusal on the part of an executor, administrator, or guardian to comply with any requirement of §§ 33-18-9 — 33-18-12 may be cause for removal. History of Section.C.P.A. 1905, § 863; G.L. 1909, ch. 312, § 48; G.L. 1923, ch. 363, § 48; […]
§ 33-18-14. Service of process on fiduciary’s agent. Service of any legal process upon an agent appointed under §§ 33-18-9 — 33-18-12 shall be of the same legal effect as if made upon his or her principal in this state. History of Section.C.P.A. 1905, § 863; G.L. 1909, ch. 312, § 49; G.L. 1923, ch. […]
§ 33-18-15. Exercise of power of sale in mortgage. In case of a mortgage containing powers of sale, the executor, administrator, or guardian of the estate for the time being of the mortgagee may, on default, unless provisions to the contrary be made in the mortgage, exercise the enumerated powers of sale. The executor, administrator, […]
§ 33-18-16. Abandonment or adjustment of controversies. The probate court may authorize executors, administrators, guardians, and conservators to submit to arbitration, to abandon, or to adjust by compromise, or otherwise settle or dispose of, any claim in favor of or against, or any controversy or thing whatever relating to the estates by them represented, whether […]
§ 33-18-17. Action in name of estate prosecuted by interested person. If an administrator, executor, or guardian shall be requested by any person legally interested in the estate of a deceased person, or person under guardianship, to commence an action or proceeding to recover any property, personal or real, which the legally interested person may […]
§ 33-18-18. Intervention in proceedings by or against estate. If a suit or proceeding be pending, whether instituted by the administrator, executor, guardian, or any legally interested person, then no additional suit or proceeding shall be brought for the same cause, but the administrator, executor, guardian, or any legally interested person, may intervene in the […]
§ 33-18-19. Costs and expenses in proceeding prosecuted or intervened in by interested person. Any legally interested person instituting a suit or proceeding shall, in case of failure to prosecute the suit successfully, be entitled to no costs, and shall be personally liable to the adverse party for costs, and in no event shall those […]
§ 33-18-2. General grounds for removal of fiduciary. Whenever an executor, administrator, or guardian shall for any cause become incapable of executing his or her trust, or shall neglect or refuse to do the duties of the trust, or shall waste the estate of his or her ward or that on which he or she […]
§ 33-18-20. Compromise of actions prosecuted or defended by interested persons — Property recovered. Courts of probate shall have the power to compromise all claims sued for or defended by any legally interested person referred to in §§ 33-18-17 — 33-18-19 in the same manner and to the same extent as may now be done […]
§ 33-18-21. Recording of documents in court. Any paper or instrument discharging a claim or purporting to acknowledge the performance of a duty or the payment of money, for which an executor, administrator, or guardian is chargeable or accountable in a probate court, shall, upon the request of a party interested, be recorded in the […]
§ 33-18-22. Release by good faith delivery of property under court order. Whenever any person acting as executor, administrator, custodian, or guardian shall make payments or deliver property or estate pursuant to the order of a probate court having jurisdiction, after the expiration of the time within which an appeal lies from the order and […]
§ 33-18-23. Bona fide transfer of property to executor, administrator, or guardian. All persons making or permitting to be made any payment or transfer bona fide upon any official certificate of appointment of any executor, administrator, or guardian, issued by the probate court in respect of the estate of any deceased person or ward, shall […]
§ 33-18-24. Transfer of corporate securities and mortgages by foreign fiduciary. Any corporation organized under the laws of this state may, before having actual notice of the pendency of an application in this state for letters testamentary, of administration, or guardianship, permit the executor of the will or administrator of the estate of a decedent […]
§ 33-18-25. Payment of debt or delivery of property to foreign fiduciary. Any person or corporation in this state, before having actual notice of the pendency of an application in this state for letters testamentary of administration or guardianship may pay any money owing or deliver any personal property belonging to the estate of any […]
§ 33-18-26. Action by foreign executor or administrator — Prerequisites. If a corporation refuses to permit a transfer as provided in § 33-18-24 or a person indebted refuses to pay, or having possession refuses to deliver personal property as permitted in § 33-18-25, the executor or administrator, if there is no executor or administrator appointed […]
§ 33-18-27. Perpetuation by fiduciary of evidence of payments and delivery — Final discharge. If an executor, administrator, or guardian has paid or delivered to the persons entitled thereto the money or other property in his or her hands as required by a decree of a probate court, he or she may perpetuate the evidence […]
