Probate Practice and Procedure

Practice in Probate Courts

SECTION 33-22-31

§ 33-22-31. Form of order and decree.

(a) Every decision of a probate court shall be reduced to a written order or decree, promptly executed by the probate judge, entered and filed in a timely fashion by the probate clerk. No party can rely upon any action, inaction or instructions of the probate court nor take an appeal from any decision of the probate court that has not been reduced to a written order or decree duly executed by the probate judge.

(b) If a form of order or decree is not available for execution by the probate judge at the time of hearing, the court shall require the prevailing party to submit a proposed form of order or decree by regular mail to all parties who have entered an appearance in the matter. Absent written objection setting forth the reason for such objections by any such party within seven (7) days after mailing, the prevailing party shall file the original thereof with the probate court. Such order or decree shall contain a certificate that notice has been given pursuant to this subsection.

(c) For all purposes, the effective date of an order or decree is the date executed by the probate judge and not the date of hearing.

History of Section.
(P.L. 1996, ch. 110, § 10.)