Probate Practice and Procedure

Decedents' and Incompetents' Estates Generally

SECTION 33-18-30

§ 33-18-30. Delivery of funds, securities, or instruments into court for which fiduciary cannot give proper discharge.

If an executor, administrator, or guardian holds any money, stock certificates, bond, or other chose in action payable or deliverable to a legatee, next of kin, ward, or other person, and the person entitled thereto cannot give a proper discharge therefor, or is out of the country, or his or her whereabouts are unknown after proper inquiry, and the executor, administrator, or guardian desires to free himself or herself from further liability therefor, he or she may pay or deliver the property into the registry of the probate court which appointed him or her, and present therewith his or her petition praying to be discharged, and setting out under oath the title of the person and why he or she cannot give proper discharge therefor.

History of Section.
(C.P.A. 1905, § 1010; G.L. 1909, ch. 319, § 16; G.L. 1923, ch. 370, § 16; G.L. 1938, ch. 579, § 32; G.L. 1956, § 33-18-30.)