Probate Practice and Procedure

Unclaimed Property

SECTION 33-21-3

§ 33-21-3. Action for recovery of property.

If any person shall appear to be in possession of any real estate of one dying without known heirs or other legal representatives as provided in § 33-21-1, and shall on request refuse to deliver or surrender possession of the real estate to the town treasurer directed as provided, the town treasurer may in his or her capacity commence and prosecute an action for the recovery of the real estate. For purposes of §§ 33-21-1 and 33-21-3 – 33-21-6, "real estate" shall not include real estate to the extent it constitutes the underlying security for any note, obligation, or other security owned by a person dying without known heirs, and the real estate to this extent shall be subject to the provisions of this chapter and chapter 21.1 of this title. The attorney general may be joined, on behalf of the state, as a party respondent in any action involving title to the real estate.

History of Section.
(C.P.A. 1905, § 959; G.L. 1909, ch. 317, § 4; G.L. 1923, ch. 368, § 4; G.L. 1938, ch. 582, § 4; G.L. 1956, § 33-21-3; P.L. 1961, ch. 195, § 1.)