Probate Practice and Procedure

Decedents' and Incompetents' Estates Generally

SECTION 33-18-20

§ 33-18-20. Compromise of actions prosecuted or defended by interested persons – Property recovered.

Courts of probate shall have the power to compromise all claims sued for or defended by any legally interested person referred to in §§ 33-18-17 – 33-18-19 in the same manner and to the same extent as may now be done by the probate courts with reference to claims by or against estates of deceased persons or persons under guardianship. All property obtained by an interested person for the benefit of the estate through the proceeding shall be turned over by the adverse party to the administrator, executor, or guardian, if personal property, in the same manner as all other property coming to the possession of the administrator, executor, or guardian; and shall become the property of the ward in cases of guardianship, or of the heirs at law or devisees under a will, as either may become entitled to the property, in case of real estate; the administrator, executor, or guardian being first required to furnish an additional bond to the probate court for the proper administration of personal property so obtained.

History of Section.
(G.L., ch. 312, § 55, as enacted by P.L. 1911, ch. 707, § 1; G.L. 1923, ch. 363, § 55; G.L. 1938, ch. 575, § 53; G.L. 1956, § 33-18-20.)