2013 -- S 0285

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LC01067

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE - CLAIMS AGAINST

DECEDENTS' ESTATES

     Introduced By: Senators Jabour, Lombardi, and McCaffrey

     Date Introduced: February 12, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 33-11-5.1 of the General Laws in Chapter 33-11 entitled "Claims

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Against Decedents' Estates" is hereby amended to read as follows:

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     33-11-5.1. Duty to notify known or reasonably ascertainable creditors. -- (a) If the

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identity of a creditor of the decedent's is known to or reasonably ascertainable by the personal

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representative, the personal representative shall, within a reasonable period of time after

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qualification, take such steps as are reasonably necessary to ensure that such creditor receives or

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has received actual notice of the commencement of the decedent's estate. The sending of a notice

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in the form contained in subsection (b) by the personal representative to the creditor at his/her or

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its last known address, by first class mail, postage prepaid, shall be deemed a means, but not the

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exclusive means, of satisfying the requirements of this section. The personal representative is not

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liable to a creditor or to a successor personal representative of the decedent for giving or failing to

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give notice under this section. (b) A personal representative shall be conclusively presumed to

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have complied with this section by sending a written notice in substantially the following form:

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     STATE OF RHODE ISLAND PROBATE COURT OF

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     COUNTY OF ______________ THE __________________

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     ESTATE OF (NAME OR ESTATE) (NO.)__________________

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     NOTICE OF COMMENCEMENT OF PROBATE

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     To: (Name of Creditor)

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     (last known address of creditor)

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     Notice is hereby given by (name of personal representative) that a probate estate has been

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commenced for (name of decedent) in the Probate Court of the (name of municipality, address of

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court) docket no. __________, said (name of fiduciary) having been qualified on (date of

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qualification).

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      A creditor must present a written statement of the claim indicating its basis, the amount

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claimed, the name and address of the claimant, and the name and address of the claimant's

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attorney (if any) within six (6) months after qualification. Claims should be mailed to the personal

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representative or attorney named below and filed with the clerk of the probate court.

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      _________________________________

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      Name and address of

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      Estate Personal Representative or

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Attorney

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      ______________________________

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      Date

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      (c) In all cases where the decedent was fifty-five (55) years or older at the time of death,

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the personal representatives shall give actual notice required by this section to the executive

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office of health and human services in accordance with section 40-8-15.

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     SECTION 2. Section 33-22-3 of the General Laws in Chapter 33-22 entitled "Practice in

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Probate Courts" is hereby amended to read as follows:

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     33-22-3. Notice given by petitioner on filing of petition and hearing. -- In addition to

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the notice prescribed by section 33-7-9, and to notice by publication in the manner as prescribed

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by section 33-22-11, the petitioner or his or her attorney shall, at least ten (10) days before the

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date set for hearing on the petition, send or cause to be sent by mail, postage prepaid, addressed to

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each person whose name and post office address is by section 33-22-2(3) required to be set forth

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in the petition, as the names and addresses are set forth therein or as then known to the petitioner,

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and when the decedent was fifty-five (55) years or older to the executive office of health and

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human services and in accordance with section 40-8-15, notice of the filing, the nature of the

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petition, and of the time and place set for hearing on the petition, or in lieu thereof a copy of the

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newspaper notice published pursuant to the provisions of section 33-22-11; provided, however,

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that in the case of any person entitled to notice hereunder whose post office address is outside the

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continental limits of the United States this notice shall be sent at least three (3) weeks before the

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date set for the hearing; and provided further that the petitioner or his or her attorney shall not be

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required to send this notice to any person sui juris who shall at, or prior to, the hearing waive

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notice of its pendency in writing either on the petition or by instrument separately filed. The

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petitioner or his or her attorney shall at or prior to the hearing file or cause to be filed an affidavit

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that the notice was given, setting forth the names and post office addresses of the persons to

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whom the notice was sent and the date of mailing of the notice, together with a copy of the notice.

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     SECTION 3. This act shall take effect upon passage and shall apply to all pending and

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future petitions.

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LC01067

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE - CLAIMS AGAINST

DECEDENTS' ESTATES

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     This act would require that when a decedent is fifty-five (55) years or older that notice be

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sent to the executive office of health and human services in accordance with section 40-8-15.

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     This act would take effect upon passage and would apply to all pending and future

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petitions.

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LC01067

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