A N A C T
RELATING TO REAL ESTATE PROBATE PRACTICE AND PROCEDURE
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 33-3 of the General Laws entitled "Division of Real Estate" is hereby amended by adding thereto the following section:
33-3-14. Certificate of descent. -- The probate court which granted administration of the estate of any decedent owning real estate shall issue a certificate of descent to devisees or heirs at law, as provided by section 33-9-29, within one month of acceptance by the court of the final account of administration or affidavit of complete administration.
SECTION 2. Chapter 33-9 of the General Laws entitled "Collection and Management of Decedents' Estates" is hereby amended by adding thereto the following section:
33-9-29. Descent or distribution of real estate to be recorded. -- When the real property of any deceased person, or any part thereof or interest therein, is devised or distributed or set out to the devisee or devisees, heir or heirs or spouse of such decedent or is legally divided by all the persons interested or descends to the heir or heirs or spouse of such decedent, the executor or administrator of such decedent, within one (1) month after acceptance by the probate court of the final administration account or affidavit of complete administration, submit an affidavit to the probate court and procure a certificate of descent, signed by the judge, clerk or assistant clerk of said probate court, which shall contain the name, place of residence of each person to whom such real property, or any portion thereof or interest therein, is distributed, set out or divided or descends, and a particular description of the estate, portion or interest distributed, set out or divided or descending to each person. Said executor or administrator shall cause said certificate to be recorded in the land evidence records of every city or town in which real property of the decedent is situated, and it shall constitute prima facie evidence of the facts stated therein, so far as those facts affect real estate of the decedent.
SECTION 3. This act shall take effect upon passage.