TITLE 33
Probate practice and procedure

CHAPTER 33-10
Allowances to Families of Decedents

SECTION 33-10-3


§ 33-10-3 Allowances for temporary support of family.

The probate court shall make reasonable allowance out of the decedent's probate estate for the support of his or her family, until the support can otherwise be provided for, for a period not exceeding six (6) months from the date of the death, having regard to the situation of the family and the value and circumstances of the estate. The allowance may be fixed at any time upon application of the personal representative, or of any party in interest, filed within six (6) months after the first publication of notice of the qualification of the personal representative. The court may, in its discretion, provided a final account has not been allowed, make an additional allowance under like conditions for the support of the family for a second period not exceeding six (6) months, the allowance to be fixed at any time after the first six-month (6) period has passed and within one year after the first publication of notice of the qualification of the personal representative upon application, of the personal representative or of any party in interest. After exhausting the personal property, real estate may be sold to provide the amount of allowance decreed in the same manner as for the payment of debts. An appeal from a decree granting letters testamentary or of administration shall not prevent the allowance being made by the probate court or the payment thereof. An appeal from a decree making any allowance shall not prevent the payment of the allowance if a bond in such amount as may be fixed by the court, but no less than the amount of the allowance be given to the court by a surviving spouse, if any, or by a guardian of the minor children in case there be no surviving spouse, with surety or sureties approved by the court, and conditioned to repay all in excess of what is finally determined to be a reasonable allowance or to return all of the allowance in case the decree granting the allowance is finally reversed in the full amount. The bond required by the provisions of this section and the remedies thereon shall be governed by the provisions of chapter 17 of this title as far as the context thereof permits.

History of Section.
(C.P.A. 1905, § 872; G.L. 1909, ch. 313, § 7; G.L. 1923, ch. 364, § 7; P.L. 1926, ch. 827, § 1; G.L. 1938, ch. 577, § 7; P.L. 1941, ch. 1004, § 1; G.L. 1956, § 33-10-3; P.L. 1962, ch. 39, § 1; P.L. 1980, ch. 317, § 1; P.L. 2014, ch. 260, § 2; P.L. 2014, ch. 312, § 2.)