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Home » US Law » 2022 Rhode Island General Laws » Title 33 - Probate Practice and Procedure » Chapter 33-7 - Custody and Probate of Wills

Section 33-7-1 – — 33-7-4. Repealed.

§ 33-7-1 — 33-7-4. Repealed. History of Section.C.P.A. 1905, §§ 781-784; G.L. 1909, ch. 310, §§ 1-4; G.L. 1923, ch. 361, §§ 1-4; G.L. 1938, ch. 572, §§ 1-4; P.L. 1939, ch. 659, § 2; P.L. 1977, ch. 246, § 1; P.L. 1986, ch. 324, § 1; Repealed by P.L. 2008, ch. 306, § 1, […]

Section 33-7-10. – Proof of wills when subscribing witnesses unavailable.

§ 33-7-10. Proof of wills when subscribing witnesses unavailable. Whenever it shall appear to a probate court, before which a purported will has been presented for probate, and whenever it shall appear to the superior court, before which a petition for probate of a will is pending on appeal, that a will cannot be proven […]

Section 33-7-11. – Provisions of § 33-7-10 supplemental.

§ 33-7-11. Provisions of § 33-7-10 supplemental. The provisions of § 33-7-10, and the authority therein granted, shall be deemed to be supplemental to, and not in derogation of, the authority of the probate court and the superior court to act upon petitions for the probating of wills. History of Section.P.L. 1944, ch. 1420, § […]

Section 33-7-12. – Compromise of controversies pending probate.

§ 33-7-12. Compromise of controversies pending probate. The superior court may authorize the persons named as executors in an instrument purporting to be the last will of a deceased person, or the administrator with the will annexed, at any time before a final decree approving the instrument as the last will of the deceased person […]

Section 33-7-13. – Action to confirm compromise.

§ 33-7-13. Action to confirm compromise. When the executors or administrators with the will annexed have in writing compromised any controversy as provided in § 33-7-12, they, or any party thereto, may file a civil action in the superior court for the county in which the will is pending for probate, praying the court to […]

Section 33-7-14. – Representation of parties under disability.

§ 33-7-14. Representation of parties under disability. If a person under legal disability is a necessary party to a civil action, he or she shall be represented by his or her guardian, or by a guardian ad litem appointed by the court, who shall, in the name and in behalf of the party he or […]

Section 33-7-15. – Representation of contingent interests and charitable gifts.

§ 33-7-15. Representation of contingent interests and charitable gifts. If it shall appear to the court that any future contingent interests which would arise under the will, if admitted to probate, would be affected by the compromise, the court shall appoint some suitable person or persons to represent those interests in the proceedings. The court […]

Section 33-7-16. – Decree confirming compromise.

§ 33-7-16. Decree confirming compromise. The compromise, if found by the court under the circumstances to be just and reasonable in relation to the parties in being, and in its effect upon any future contingent interests that might arise under the will, and to any gifts to charities made in the will, shall be confirmed […]

Section 33-7-17. – Certification of decree and compromise.

§ 33-7-17. Certification of decree and compromise. If the probate of the will in a case is pending on appeal in the superior court, the court may prove and allow the will, and the clerk of court shall certify and transmit for record copies of the decree admitting the will to probate, and copies of […]

Section 33-7-18. – Request to record foreign probated will.

§ 33-7-18. Request to record foreign probated will. Whenever the executor or any other person interested in any will, which has been finally proved and allowed in a probate court in any territory, district, or state of the United States, or in a probate court in any foreign country, shall produce a copy of the […]

Section 33-7-19. – Notice of offer of foreign will.

§ 33-7-19. Notice of offer of foreign will. Upon the request to record a foreign probated will, the court shall cause notice thereof to be given in the same manner as if the will was presented to the court for probate, so that any person may appear and show cause why the copy should not […]

Section 33-7-23. – Probate conclusive as to execution.

§ 33-7-23. Probate conclusive as to execution. The final probate of a will by the probate court, or on appeal, shall be conclusive as to its due execution. History of Section.C.P.A. 1905, § 787; G.L. 1909, ch. 310, § 7; G.L. 1923, ch. 361, § 7; G.L. 1938, ch. 572, § 7; G.L. 1956, § […]

Section 33-7-25. – Original probate of foreign wills.

§ 33-7-25. Original probate of foreign wills. (a) The will of a nondomiciliary which upon probate may operate upon any property in the state and which is executed in the same manner as is prescribed for the execution of wills of Rhode Island residents under the laws of this state may be admitted to original […]

Section 33-7-26. – Proof of purported will or codicil.

§ 33-7-26. Proof of purported will or codicil. In the absence of objection by anyone interested in the estate of a deceased person, the probate court may admit to probate a purported will or codicil of the deceased person upon oral testimony or affidavit in the following manner: (1) The oral testimony of any one […]

Section 33-7-6. – Investigation of alleged concealment of will.

§ 33-7-6. Investigation of alleged concealment of will. Upon complaint under oath, made to a probate court, by a person claiming to be interested in the estate of a person deceased against any one suspected of retaining, concealing, or conspiring with others to retain or conceal a will or testamentary instrument of the deceased, the […]