Chapter 236
2013 -- H 5370 SUBSTITUTE A
Enacted 07/11/13
A N A C T
RELATING TO
PROBATE PRACTICE AND PROCEDURE - CLAIMS AGAINST
DECEDENTS'
ESTATES
Introduced
By: Representatives Marcello, Blazejewski, Shekarchi,
Date Introduced: February 12, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Section 33-11-5.1 of the General Laws in Chapter
33-11 entitled "Claims
Against Decedents'
Estates" is hereby amended to read as follows:
33-11-5.1.
Duty to notify known or reasonably ascertainable creditors.
-- (a) If the
identity of a creditor of the decedent's is known to or
reasonably ascertainable by the personal
representative, the personal representative shall, within a
reasonable period of time after
qualification, take such steps as are reasonably necessary to
ensure that such creditor receives or
has received actual notice of the commencement of
the decedent's estate. The sending of a notice
in the form contained in subsection (b) by the personal
representative to the creditor at his/her or
its last known address, by first class mail, postage
prepaid, shall be deemed a means, but not the
exclusive means, of satisfying the requirements of this
section. The personal representative is not
liable to a creditor or to a successor personal
representative of the decedent for giving or failing to
give notice under this section.
(b) A
personal representative shall be conclusively presumed to have complied with
this
section by sending a written notice in substantially the
following form:
STATE OF
COUNTY OF ______________
THE
__________________
ESTATE
OF (NAME OR ESTATE) (NO.)__________________
NOTICE OF COMMENCEMENT OF
PROBATE
To: (Name of Creditor)
(last
known address of creditor)
Notice is hereby given
by (name of personal representative) that a probate estate has been
commenced for (name of decedent) in the Probate Court of the (name
of municipality, address of
court) docket no. __________, said (name of fiduciary)
having been qualified on (date of
qualification).
A creditor must present
a written statement of the claim indicating its basis, the amount
claimed, the name and address of the claimant, and the name
and address of the claimant's
attorney (if any) within six (6) months after qualification.
Claims should be mailed to the personal
representative or attorney named below and filed with the clerk of
the probate court.
_________________________________
Name
and address of
Estate Personal
Representative or
Attorney
______________________________
Date
(c) In all cases
where the decedent was fifty-five (55) years or older at the time of death,
the personal representatives shall give notice as
required by this section to the executive office of
health and human services in accordance with section
40-8-15.
SECTION 2. This act shall take effect upon passage and shall
apply to all pending and
future petitions.
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LC01085/SUB A
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