A N     A C T

RELATING TO SMALL ESTATES

Introduced By: Senators Roney, Oster, McDonald and Paiva-Weed

Date Introduced : February 10, 1998

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. {DEL Payments in small estates -- Order of preference. -- Any person, corporation, or agency of the federal or state government may pay any money owing, or deliver any intangible personal property belonging to the estate of an individual who, at the time of his or her death, resided in this state, at any time after the expiration of forty-five (45) days following the date of death of that individual, to the person who has paid the funeral bill of the decedent, or directly to the funeral director at the request of the person who is legally responsible therefor, up to the amount of the bill, the excess, if any, to be paid to the surviving spouse, or if none, to the next of kin of the decedent. If any of the next of kin are minors, the share of the minor or minors may be paid to the parent or other relative of the minor or minors for the benefit of the minor or minors. The foregoing method of payment or distribution of the funds or the delivery of property shall, however, be employed only: DEL}

{DEL (1) Where the person, corporation, or agency has received no notice of the issuance of letters testamentary or letters of administration upon the estate of the decedent or the pendency of any petition therefor, and DEL}

{DEL (2) Upon affidavit of the person who has paid the funeral bill, or is legally responsible therefor that the value of the entire estate otherwise subject to probate, other than tangible personal property, of the decedent does not exceed ten thousand dollars ($10,000). DEL} {ADD Voluntary informal administration of small estates. --ADD} {ADD If a resident of Rhode Island dies leaving an estate consisting entirely of personal property the total value of which otherwise subject to rebate (exclusive of any motor vehicle of which the decedent was owner) does not exceed fifteen thousand dollars ($15,000) in value, his or her surviving spouse, child, grandchild, parent, brother, sister, niece, nephew, aunt or uncle, 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 have 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: ADD}

{ADD (a) the name and residential address of the affiant, ADD}

{ADD (b) the name, residence and date of death of the deceased, ADD}

{ADD (c) the relationship of the affiant to the deceased, ADD}

{ADD (d) a schedule showing every asset known to the affiant of the estate or titled (either solely or jointly with another) in the decedent's name or the decedent's date of death known to the affiant and the estimated value of each such asset, ADD}

{ADD (e) 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, ADD}

{ADD (f) the names and addresses of surviving joint owners of property with the deceased, known to the affiant; and ADD}

{ADD (g) the names and addresses known to the affiant of the persons who would take under the provisions of Rhode Island general laws section 33-1-10 in the case of intestacy. ADD}

{ADD 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 an attested copy of the statement duly filed under this section, but only after such statement 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 attested copy 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 certificate should issue. ADD}

{ADD Upon the presentation of a copy of such a statement duly attested 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. ADD}

{ADD 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. ADD}

{ADD 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 section 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 Rhode Island general laws section 33-1-10. ADD}

{ADD 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 executor or administrator. ADD}

33-24-2. {DEL Conditions of payment. -- As a condition of payment under this chapter, a person or corporation referred to in section 33-24-1 may require: DEL}

{DEL (1) An affidavit concerning the relationship of the parties; DEL}

{DEL (2) An appropriate acknowledgment of the receipts of funds or proceeds; and DEL}

{DEL (3) A stipulation or agreement of the person to be paid to indemnify it against loss, if any, attributable to the payment. DEL} {ADD Administration of small estates where executor named in will -- Voluntary executors. -- ADD} {ADD If a resident of Rhode Island dies leaving an estate consisting entirely of personal property the total value of which (exclusive of any motor vehicle of which the decedent was owner) does not exceed fifteen thousand dollars ($15,000) in value, and he leaves a will naming a person as executor, the named person, if or 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, 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 have 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: ADD}

{ADD (a) the name and residential address of the affiant, ADD}

{ADD (b) the name, residence and date of death of the deceased, ADD}

{ADD (c) the relationship of the affiant to the deceased, ADD}

{ADD (d) a schedule showing every asset known to the affiant of the estate or titled (either solely or jointly with another) in the decedent's name or the decedent's date of death known to the affiant and the estimated value of each such asset, ADD}

{ADD (e) 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, ADD}

{ADD (f) the names and addresses of surviving joint owners of property with the deceased, known to the affiant; and ADD}

{ADD (g) the names and addresses known to the affiant of the persons who would take under the provisions of Rhode Island general laws section 33-1-10 in the case of intestacy, and ADD}

{ADD (h) the names and addresses known to the affiant of the persons who would take under the provisions of the will. ADD}

{ADD The original of the will shall be filed with the above statement and if the executor resides outside the state he shall appoint a resident agent to represent him in the state. ADD}

{ADD 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 an attested copy of the statement duly filed under this section, but only after such statement 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 attested copy 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 certificate should issue. ADD}

{ADD Upon the presentation of a copy of such a statement duly attested 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. ADD}

{ADD 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. ADD}

{ADD 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 section 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 Rhode Island general laws section 33-1-10. ADD}

{ADD 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. ADD}

SECTION 2. Section 33-24-3 of the General Laws in Chapter 33-24 entitled "Small Estates" is hereby repealed.

{DEL 33-24-3. Finality of payment. -- DEL} {DEL Payments made in accordance with the provisions of section 33-24-1 shall constitute a full and effectual release or discharge from any claim or demand that may be asserted by the estate of the decedent or by any other person, including the executor or administrator of that estate. DEL}

SECTION 3. Section 33-7-5 of the General Laws in Chapter 33-7 entitled "Custody and Probate of Wills" is hereby amended to read as follows:

33-7-5. Duty of person in possession of will to deliver into court. -- Every person, other than a probate clerk, who has custody of a will shall, within thirty (30) days after notice of the death of the testator, deliver the will into the probate court which has jurisdiction of the probate thereof, or to the executors named in the will, who shall themselves deliver it into court within thirty (30) days after they receive the will; and if any executor or other person neglects, without reasonable cause, to deliver a will, after being duly cited for that purpose by the court, he or she may be adjudged to be in contempt and may be committed therefor to the adult correctional institutions and shall remain there until he or she delivers the will to the court; and he or she shall be further liable, to any party aggrieved, for the damage sustained by reason of the neglect.

{ADD Provided further, that a fiduciary nominated in a will may deliver such will to the probate court with an affidavit containing the following information, representations, and documentation: ADD}

{ADD (a) the date of death of the decedent accompanied by a certified copy of the decedent's death certificate; ADD}

{ADD (b) a representative that the funeral bill of the decedent has been paid, accompanied by a receipt therefor; ADD}

{ADD (c) the names and addresses of the heirs-at-law of the decedent at the decedent's date of death; and ADD}

{ADD (d) a representation that the affiant has received no notice of the issuance of letters testamentary or letters of administration regarding the estate of the decedent, and that there are no assets of the decedent subject to probate. Upon receipt of such will and affidavit the probate clerk, upon being paid a fee of thirty dollars ($30.00), shall receive and keep the will and accompanying affidavit and shall give a receipt of the deposit thereof. ADD}

SECTION 4. This act shall take effect upon passage.