Probate Practice and Procedure

Judicial Review of Probate Court Orders and Decisions

SECTION 33-23-7

§ 33-23-7. Transfer of estate pending appeal from decree removing fiduciary.

A decree of a probate court removing an executor, administrator or guardian shall have effect, notwithstanding an appeal, until otherwise finally determined on appeal. The probate court may in this case appoint a successor to the person removed, to whom, when qualified, the person removed shall promptly deliver all the property held by him or her as executor, administrator, or guardian, and the successor shall proceed in the performance of his or her duties in like manner as if no appeal had been taken. But if the decree or removal is reversed by final decree, the powers of the successor shall cease, and he or she shall promptly deliver to his or her predecessor in the trust, or to such person as the court may order, all property of the estate in his or her possession.

History of Section.
(C.P.A. 1905, § 810; G.L. 1909, ch. 311, § 15; G.L. 1923, ch. 362, § 15; G.L. 1938, ch. 573, § 15; G.L. 1956, § 33-23-7.)