Probate Practice and Procedure

Judicial Review of Probate Court Orders and Decisions

SECTION 33-23-8

§ 33-23-8. Notice of appeal.

(a) When a probate appeal is entered in the superior court, the appellant shall serve a true copy of the reasons of appeal by regular mail, postage prepaid, to all interested persons in the estate of the deceased or ward and to all persons who entered an appearance, pro se or through counsel, in the underlying probate proceedings. The appellant shall further notify such persons that they have the right to enter an appearance or move to intervene in the superior court probate appeal within twenty (20) days after service. The appellant shall file a certificate in the superior court that notice was given in the manner prescribed in this section and shall identify the names and addresses of the persons to whom notice was given. If an interested person fails to enter an appearance or move to intervene within twenty (20) days after notice, the superior court may entertain the appellant's probate appeal without further notice to such person.

(b) The superior court may, sua sponte or on the motion of any interested party, order notice of the probate appeal advertised in a newspaper of general circulation in this state upon such terms and conditions as the court may direct.

(c) The superior court may at any time during the pendency of a probate appeal direct any additional notice or service.

(d) Any interested person in the estate of a deceased or ward may enter an appearance in the probate court or superior court and, upon doing so, is entitled to copies, at his or her own expense, of any and all filings in the estate by any party.

(e) The superior court may, upon motion, permit any interested person to intervene in a probate appeal and, upon doing so, is entitled to participate in any and all superior court proceedings concerning the appeal. The executor, administrator, guardian or other fiduciary shall automatically be a party to the superior court proceedings without motion to intervene.

History of Section.
(C.P.A. 1905, § 797; G.L. 1909, ch. 311, § 2; P.L. 1909, ch. 427, § 1; G.L. 1923, ch. 362, § 2; G.L. 1938, ch. 573, § 2; G.L. 1956, § 33-23-8; P.L. 1996, ch. 110, § 13.)