§ 33-9-1. Return of inventory of estate. Every administrator and every executor, shall, within ninety (90) days after his or her appointment or such longer period as may be allowed by the probate court, return to the probate court, under oath, a true inventory of all the personal property, both tangible and intangible, and of […]
§ 33-9-10. Sale of mortgage and debt. The executor or administrator may sell the mortgage and the debt secured thereby in his or her discretion for the amount due thereon, and may sell the mortgage and the debt for a less amount upon obtaining the advice and direction therefor of the probate court upon a […]
§ 33-9-11. Taking possession of property by mortgage. The executor or administrator may take the surrender of, or sue in ejectment for, the seisin and possession of the real estate mortgaged as provided in § 33-9-9; in which action it shall be sufficient for him or her to declare on the seisin and possession of […]
§ 33-9-12. Possession and sale of property taken through mortgage. Upon recovery or surrender of possession of real estate mortgaged as provided in § 33-9-11, the executor or administrator shall be seised and possessed of the mortgaged estate, subject to liability to sale if necessary for the payment of debts, legacies or charges, of administration, […]
§ 33-9-13. Redemption of mortgaged property from executor or administrator. After surrender or recovery of possession of real estate mortgaged as provided in § 33-9-11, and before sale as provided in § 33-9-12, or in case the testator or intestate die possessed of any real estate mortgaged to him or her which may be redeemed, […]
§ 33-9-14. Authority of executor or administrator to borrow. Whenever it shall for any reason appear to be desirable for an executor or administrator to borrow money, the superior court, upon bill or petition in equity filed by the executor or administrator, may authorize the executor or administrator to borrow, for any one or more […]
§ 33-9-15. Purposes for which borrowing authorized. Borrowing may be authorized for any one or more of the following purposes: (1) To discharge any existing lien or mortgage on the real or personal estate of the decedent; (2) To pay the debts of the decedent; (3) To pay the funeral expenses; (4) To pay the […]
§ 33-9-16. Effect of borrowing by executor or administrator. Any borrowing authorized as provided in § 33-9-14 shall create a debt of the estate, and any mortgage, pledge, or lien authorized as provided in § 33-9-14 shall be, to the extent and in the manner authorized, binding upon the property so mortgaged; provided, however that […]
§ 33-9-17. Lender not liable for loss or misapplication. No person lending money to an executor or administrator who has been authorized to borrow by the court in accordance with the provisions of §§ 33-9-14 — 33-9-16 shall be required to see to the application or be answerable for any loss or misapplication thereof. History […]
§ 33-9-18. Authority to lend, invest, vote, and protect investments. (a) The superior court may, upon complaint filed by an executor or administrator, authorize the executor or administrator to invest money belonging to the estate in such safe investments as it may approve, and may likewise authorize or direct the executor or administrator to vote […]
§ 33-9-19. General powers of executor or administrator unaffected. Nothing contained in §§ 33-9-14 — 33-9-18 shall be held to limit or restrict any powers which an executor or administrator may have apart from the provisions of those sections. History of Section.G.L., ch. 312, § 58, as enacted by P.L. 1921, ch. 2030, § 1; […]
§ 33-9-2. Wearing apparel. The wearing apparel of a deceased person, not including jewels and watches, shall not be included in the inventory nor be assets for the payment of debts, and if not bequeathed shall be distributed according to law. History of Section.C.P.A. 1905, § 868; G.L. 1909, ch. 313, § 3; G.L. 1923, […]
§ 33-9-20. Representation of contingent interests and persons non sui juris. Whenever in any proceeding under §§ 33-9-14 — 33-9-18 there are contingent interests of persons not in being or not ascertainable or interests of persons non sui juris, the court may appoint a person to represent the contingent interests or a guardian ad litem […]
§ 33-9-21. Appeals to supreme court. An appeal may be taken to the supreme court from any final order or decree of the superior court entered in any proceeding brought under the provisions of §§ 33-9-14 — 33-9-18 at any time within ten (10) days from the entry of the order or decree. History of […]
§ 33-9-22. Validity of acts by executor or administrator subsequently removed — Validity of purchases from devisees, legatees, or heirs. When an executor or administrator is removed, or when letters of administration or decrees are revoked, all previous sales whether of real or personal estate, lawfully made by an executor or administrator and with good […]
§ 33-9-23. Master’s deed to convey decedent’s property to party entitled to specific performance. When a person dies holding the legal title to property, real or personal, and an action for specific performance of contract for sale thereof would have existed as against the deceased had he or she lived, a complaint against the executor […]
§ 33-9-24. Continuation of actions by or against decedent. In case any action, suit, or proceeding is commenced or shall be pending in any court, and either party shall die before final judgment, the executor or administrator of the deceased person, or his or her successor in case the deceased was acting in a representative […]
§ 33-9-25. Substitution and execution by successor administrator. Whenever any judgment shall have been recovered by or in the name of any executor or administrator, a succeeding administrator of the estate not administered may on motion be substituted as plaintiff and may take out execution upon the judgment. History of Section.C.P.A. 1905, § 993; G.L. […]
§ 33-9-26. Liability of executor in own wrong. Any person who shall embezzle or shall, without being thereto authorized by law, injuriously intermeddle with any personal property of a deceased person shall be liable as an executor in his or her own wrong to the creditors and other persons aggrieved. History of Section.C.P.A. 1905, § […]
§ 33-9-27. Personal liability of executor or administrator for debts of estate. No executor or administrator, except an executor in his or her own wrong, shall be holden to bail upon mesne process, nor shall his or her property be attached, nor his or her person arrested, nor his or her person or property taken […]
