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2013 -- S 0285 SUBSTITUTE A | |
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LC01067/SUB A | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO PROBATE PRACTICE AND PROCEDURE - CLAIMS AGAINST | |
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DECEDENTS' ESTATES | |
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Introduced By: Senators Jabour, Lombardi, and McCaffrey | |
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Date Introduced: February 12, 2013 | |
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Referred To: Senate Judiciary | |
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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 |
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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 notice as required by this section to the executive office of |
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health and human services in accordance with section 40-8-15. |
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SECTION 2. 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/SUB A | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO PROBATE PRACTICE AND PROCEDURE - CLAIMS AGAINST | |
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DECEDENTS' ESTATES | |
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*** | |
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This act would require that when a decedent is fifty-five (55) years or older, that notice of |
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the death be sent to the executive office of health and human services in accordance with section |
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40-8-15. |
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This act would also repeal the provisions of the general laws that required that notice be |
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given to certain persons specified in section 33-22-2 ten (10) days before the date set for a |
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petition heard by the probate court. |
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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/SUB A | |
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