Probate Practice and Procedure

Absentees' Estates

SECTION 33-20-1

§ 33-20-1. Grounds for appointment of receiver.

(a) If a resident of this state, having property in this state, has disappeared, has been absent from his or her usual place of residence, his or her whereabouts have been unknown for more than one year, and he or she has left no agent in charge of his or her property, the court of probate of the town in which he or she was last known to reside shall have power upon the petition of the spouse, next of kin, or of one or more of his or her creditors, setting forth the above facts, to appoint a receiver to collect and take charge of the property until the fact of the death or survival of the absentee is established, and in case of his or her death, until an executor or administrator shall be appointed and qualified.

(b) If there shall be no petition by the spouse, next of kin, or creditors filed within five (5) years after the resident's whereabouts have been unknown, all of the personalty of the resident who has disappeared or whose whereabouts are unknown shall be subject to the provisions of chapters 21 and 21.1 of this title.

History of Section.
(C.P.A. 1905, § 927; G.L. 1909, ch. 315, § 1; G.L. 1923, ch. 366, § 1; G.L. 1938, ch. 581, § 1; G.L. 1956, § 33-20-1; P.L. 1961, ch. 195, § 3; P.L. 1971, ch. 187, § 1.)