2020 -- H 7504

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LC004354

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE -- SMALL ESTATES

     Introduced By: Representatives Craven, McEntee, and McKiernan

     Date Introduced: February 07, 2020

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 33-24-1 and 33-24-2 of the General Laws in Chapter 33-24

entitled "Small Estates" are hereby amended to read as follows:

     33-24-1. Voluntary informal administration of small estates.

     (a) If a resident of Rhode Island dies leaving an estate consisting entirely of personal

property the total value of which otherwise subject to being listed on a probate inventory pursuant

to § 33-9-1, exclusive of tangible personal property of which the decedent was owner, does not

exceed fifteen thousand dollars ($15,000) twenty-five thousand dollars ($25,000) in value, his or

her surviving spouse, child, grandchild, parent, brother, sister, niece, nephew, aunt or uncle, or

any interested party, if of full age and legal capacity and a resident of this state, may, after the

expiration of thirty (30) days from the death of the decedent, provided no petition for letters

testamentary or letters of administration has been filed with the probate court of the city or town

in which the decedent resided, file with said probate court upon a form prescribed by the court a

statement, verified by oath or affirmation containing:

     (1) The name and residential address of the affiant,

     (2) The name, residence and date of death of the deceased,

     (3) The relationship of the affiant to the deceased,

     (4) A schedule showing every asset known to the affiant titled solely in the decedent's

name and all assets known or believed to be titled in the decedent's name as of the decedent's date

of death, and the estimated value of each such asset,

     (5) A statement that the affiant has undertaken to act as voluntary administrator of the

estate of the deceased and will administer the same according to law, and apply the proceeds

thereof in conformity with this section,

     (6) The names and addresses known to the affiant of the persons who would take under

the provisions of Rhode Island general laws § 33-1-10 in the case of intestacy.

     (b) Upon presentation of such statement, accompanied by a certificate of the death of the

deceased and payment of a fee of thirty dollars ($30.00), the clerk of the probate court shall file

these documents as a part of the permanent record of the court. Upon the payment of five dollars

($5.00), the clerk of the probate court shall, if no other probate proceeding for administration of

such estate is pending in said court, issue a certification of appointment of voluntary

administrator, but only after such certification has been reviewed by the judge of the probate

court. No hearing in the probate court shall be required as a condition for the issuance of the

certification by the clerk of the probate court; provided, however, that the probate judge may

require a hearing to take place in order to determine whether such certification should issue.

     (c) Upon the presentation of a copy of such a certification of appointment by the clerk of

the probate court, the tender of a proper receipt in writing and the surrender of any policy,

passbook, note, certificate or other evidentiary instrument, a voluntary administrator may, as the

legal representative of the deceased and his or her estate, receive payment of any debt or

obligation in the nature of a debt, or delivery of any chattel or asset, scheduled in such statement.

Payments and deliveries made under this section shall discharge the liability of the debtor, obligor

or deliverer to all persons with respect to such debt, chattel, obligation or other asset unless, at the

time of such payment or delivery, a written demand has been made upon such debtor, obligor or

deliverer by a duly appointed executor or administrator.

     (d) A voluntary administrator may sell any chattel so received and negotiate or assign any

choice in action to convert the same to cash in a reasonable amount.

     (e) A voluntary administrator shall, as far as possible out of the assets which come into

his or her hands, first discharge the necessary expenses of the funeral and last sickness of the

deceased and the necessary expenses of administration without fee for his or her services, and

then pay the debts of the deceased in the order specified in Rhode Island general laws § 33-12-11

and any other debts of the estate, and then distribute the balance, if any, to the surviving spouse,

or, if there is no surviving spouse, to the persons and in the proportions prescribed by § 33-1-10.

     (f) A voluntary administrator shall be liable as an executor in his or her own wrong to all

persons aggrieved by his or her administration of the estate, and, if letters testamentary or letters

of administration are at any time granted, shall be liable as such an executor to the rightful

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executor or administrator.

     33-24-2. Administration of small estates where executor named in will -- Voluntary

executors.

     (a) If a resident of Rhode Island dies leaving an estate that would otherwise be subject to

being listed on a probate inventory pursuant to § 33-9-1, consisting entirely of personal property,

the total value, exclusive of tangible personal property of which the decedent was owner, does not

exceed fifteen thousand dollars ($15,000) twenty-five thousand dollars ($25,000) in value, and he

or she leaves a will naming a person as executor, the named person, if of full age and legal

capacity, may, (or, if the named person declines or is unable to serve, then any person named as

alternate, or, if such alternate declines or is unable to serve, then the surviving spouse, child,

grandchild, parent, brother, sister, niece, nephew, aunt or uncle, or any interested party, if of full

age and legal capacity and a resident of this state), after the expiration of thirty (30) days from the

death of the decedent, provided no petition for letters testamentary or letters of administration has

been filed with the probate court of the city or town in which the decedent resided, file with said

probate court upon a form prescribed by the court a statement, verified by oath or affirmation

containing:

     (1) The name and residential address of the affiant,

     (2) The name, residence and date of death of the deceased,

     (3) The relationship of the affiant to the deceased,

     (4) A schedule showing every asset known to the affiant titled solely in the decedent's

name and all assets known or believed to be titled in the decedent's name as of the decedent's date

of death and the estimated value of each such asset,

     (5) A statement that the affiant has undertaken to act as voluntary administrator of the

estate of the deceased and will administer the same according to law, and apply the proceeds

thereof in conformity with this section,

     (6) The names and addresses known to the affiant of the persons who would take under

the provisions of Rhode Island general laws § 33-1-10 in the case of intestacy, and

     (7) The names and addresses known to the affiant of the persons who would take under

the provisions of the will.

     (b) The original of the will shall be filed with the above statement and if the executor

resides outside the state he or she shall appoint a resident agent to represent him or her in the

state.

     (c) Upon presentation of such statement, accompanied by a certificate of the death of the

deceased and payment of a fee of thirty dollars ($30.00), the clerk of the probate court shall file

LC004354 - Page 3 of 5

these documents as a part of the permanent record of the court. Upon the payment of five dollars

($5.00), the clerk of the probate court shall, if no other probate proceeding for administration of

such estate is pending in said court, issue a certification of appointment of executor, but only after

such certification has been reviewed by the judge of the probate court. No hearing in the probate

court shall be required as a condition for the issuance of the certification by the clerk of the

probate court; provided, however, that the probate judge may require a hearing to take place in

order to determine whether such certification should issue.

     (d) Upon the presentation of a copy of such a certification of appointment by the clerk of

the probate court, the tender of a proper receipt in writing and the surrender of any policy,

passbook, note, certificate or other evidentiary instrument, a voluntary executor may, as the legal

representative of the deceased and his or her estate, receive payment of any debt or obligation in

the nature of a debt, or delivery of any chattel or asset, scheduled in such statement. Payments

and deliveries made under this section shall discharge the liability of the debtor, obligor or

deliverer to all persons with respect to such debt, chattel, obligation or other asset unless, at the

time of such payment or delivery, a written demand has been made upon such debtor, obligor or

deliverer by a duly appointed executor or administrator.

     (e) A voluntary executor may sell any chattel so received and negotiate or assign any

choice in action to convert the same to cash in a reasonable amount.

     (f) A voluntary executor shall, as far as possible out of the assets which come into his or

her hands, first discharge the necessary expenses of the funeral and last sickness of the deceased

and the necessary expenses of administration without fee for his or her services, and then pay the

debts of the deceased in the order specified in Rhode Island general laws § 33-12-11 and any

other debts of the estate, and then distribute the balance, if any, according to the terms of the will,

and should that prove impossible, the balance to the surviving spouse, or, if there is no surviving

spouse, to the persons and in the proportions prescribed by § 33-1-10.

     (g) A voluntary executor shall be liable as an executor in his or her own wrong to all

persons aggrieved by his or her administration of the estate, and, if letters testamentary or letters

of administration are at any time granted, shall be liable as such an executor to the rightful

executor or administrator.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE -- SMALL ESTATES

***

     This act would increase the value of a small estate from fifteen thousand dollars

($15,000) to twenty-five thousand dollars ($25,000).

     This act would take effect upon passage.

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