Title 33 - Probate practice and procedure
- CHAPTER 33-1 - Rules of Descent
- § 33-1-1 - Real estate descending by intestacy to children or descendants, parents, or brothers and sisters.
- § 33-1-10 - Surplus personalty not bequeathed.
- § 33-1-11 - Advancements.
- § 33-1-2 - Descent of real estate to paternal or maternal kindred.
- § 33-1-3 - Descent when no paternal or maternal kindred survive.
- § 33-1-4 - Descent to persons not in being or not capable to take as heirs.
- § 33-1-5 - Life estate descending to spouse.
- § 33-1-6 - Widow's or husband's allowance of real estate in fee.
- § 33-1-7 - Descendants of deceased heirs.
- § 33-1-8 - Children born out of wedlock.
- § 33-1-9 - [Repealed.].
- CHAPTER 33-1.1 - Disposition of Property of Person Killed by Another
- § 33-1.1-1 - Definitions.
- § 33-1.1-10 - Exercise of power of appointment.
- § 33-1.1-11 - Insurance proceeds.
- § 33-1.1-12 - Insurance companies, banks, or other obligors – Relief from liability when payment made without notice.
- § 33-1.1-13 - Purchasers for value without notice.
- § 33-1.1-14 - Record of conviction admissible in civil actions.
- § 33-1.1-15 - Construction.
- § 33-1.1-16 - Severability.
- § 33-1.1-2 - Limitation on acquisition of property or benefit.
- § 33-1.1-3 - Statutory descent and rights.
- § 33-1.1-4 - Wills.
- § 33-1.1-5 - Tenancy by entirety.
- § 33-1.1-6 - Joint tenancy.
- § 33-1.1-7 - Reversion – Vested remainder.
- § 33-1.1-8 - Interest subject to life of decedent.
- § 33-1.1-9 - Contingent remainder – Future interest.
- CHAPTER 33-10 - Allowances to Families of Decedents
- § 33-10-1 - Wearing apparel and exempt personal property allowed to widow or widower and children.
- § 33-10-2 - Property allowed not assets in hands of executor or administrator.
- § 33-10-3 - Allowances for temporary support of family.
- § 33-10-4 - Real estate set aside for support of widow or widower in addition to statutory life estate.
- CHAPTER 33-11 - Claims Against Decedents' Estates
- § 33-11-1 - Computation of time.
- § 33-11-10 - Bond to cover contingent claim.
- § 33-11-11 - Provision for payment of contingent claim not conclusive as to validity – Restrictions on action to enforce claim.
- § 33-11-12 - Party against whom contingent claim enforced – Time of bringing action.
- § 33-11-13 - Pleadings in action on bond for contingent claim.
- § 33-11-14 - Disallowance of claim.
- § 33-11-15 - Petition for filing of late disallowance.
- § 33-11-16 - Probate court determination of disallowed claims against solvent estate.
- § 33-11-17 - [Repealed.].
- § 33-11-18 - [Repealed.].
- § 33-11-19 - Payment of claims allowed or proved.
- § 33-11-2 - Effect of administration de bonis non.
- § 33-11-20 - Application of later discovered assets – Extension of time for presenting claims.
- § 33-11-21 - Estate rendered insolvent by claims after allowance of account.
- § 33-11-22 - Estate rendered insolvent by late claims.
- § 33-11-23 - Disallowed claims against insolvent estates to be heard by probate court.
- § 33-11-24 - Hearings on insolvent estates.
- § 33-11-25 - – 33-11-27. [Repealed.].
- § 33-11-28 - Notice of hearings on insolvent estates.
- § 33-11-29 - Statements of contested claims against insolvent estate.
- § 33-11-3 - Claims payable at future day.
- § 33-11-30 - Notice of disallowance by executor or administrator or objection by interested party.
- § 33-11-31 - Power of probate court over witnesses.
- § 33-11-32 - Secured claims against insolvent estates.
- § 33-11-33 - [Repealed.].
- § 33-11-34 - Interest on claims against insolvent estate.
- § 33-11-35 - Offset of mutual claims.
- § 33-11-36 - [Repealed.].
- § 33-11-37 - Notice of disallowance by probate court.
- § 33-11-38 - – 33-11-41. [Repealed.].
- § 33-11-4 - Manner of presentation of claims.
- § 33-11-42 - Actions beyond probate court.
- § 33-11-43 - Superior court judgment – Costs.
- § 33-11-44 - Claims based on action commenced against decedent before death.
- § 33-11-45 - Claim barred by failure to prove or prosecute.
- § 33-11-46 - , 33-11-47. [Repealed.].
- § 33-11-48 - Action on disallowed claim.
- § 33-11-49 - Actions barred within time for filing claims.
- § 33-11-5 - Time allowed for presenting claims – Late claims – Appeal.
- § 33-11-5.1 - Duty to notify known or reasonably ascertainable creditors.
- § 33-11-50 - Limitation of actions by creditors of decedent.
- § 33-11-51 - Survival of child support obligations – Enforcement of claims – Child support public policy.
- § 33-11-6 - Address of creditor filed – Notices.
- § 33-11-7 - Affidavit to support claim.
- § 33-11-8 - Determination of personal representative's claim.
- § 33-11-9 - Presentation of contingent claim – Deposit by personal representative to assure payment.
- CHAPTER 33-12 - Payment of Decedents' Debts and Charges
- § 33-12-1 - Estate chargeable with debts.
- § 33-12-10 - Application of rents and income from real estate for repairs, taxes, and mortgage.
- § 33-12-11 - Order of preference of debts.
- § 33-12-12 - Decrees for distribution of insolvent estates.
- § 33-12-13 - Disposition of assets of nonresident.
- § 33-12-14 - Distribution or transfer to domiciliary executor or administrator of personalty of nonresident.
- § 33-12-15 - Preference to citizens of state in distribution of insolvent estate of nonresident.
- § 33-12-16 - Residue of insolvent estate of nonresident after payment to citizens.
- § 33-12-2 - Order of application of property.
- § 33-12-3 - Expenses included in expenses of administration.
- § 33-12-4 - Sale or mortgage of real estate when personalty insufficient.
- § 33-12-5 - Real estate not devised applied first.
- § 33-12-6 - Sale of real estate to effect prompt settlement of estate.
- § 33-12-7 - Powers of temporary executors and administrators with will annexed over realty.
- § 33-12-8 - Public or private sale of assets.
- § 33-12-9 - Application of rents and income of real estate to debts – Leases by executor or administrator.
- CHAPTER 33-13 - Legacies, Devises, and Inheritance
- § 33-13-1 - Notice of devise or bequest to corporation or association.
- § 33-13-10 - Action for an accounting brought by residuary legatee.
- § 33-13-11 - Time when order of distribution allowed.
- § 33-13-12 - Time when order of distribution required.
- § 33-13-13 - Payment of money into court for benefit of foreign legatee or distributee.
- § 33-13-14 - Liability of heirs, next of kin, devisees, and legatees for debts.
- § 33-13-15 - Action by creditor against heirs, next of kin, devisees, and legatees.
- § 33-13-16 - Liability of estate of heir, next of kin, devisee, or legatee for creditor's claim.
- § 33-13-17 - Recovery of creditors' claims – Apportionment of liability.
- § 33-13-18 - Failure of creditor to join all defendants – Addition of parties.
- § 33-13-19 - Liability to creditor for amount payable by insolvent heir, devisee or other – Restriction to amount received from estate.
- § 33-13-2 - Order for conversion of personalty into cash and distribution.
- § 33-13-20 - Indemnity between heirs, next of kin, legatees, and devisees.
- § 33-13-3 - Restrictions on power of heir or devisee to incumber or alien realty.
- § 33-13-4 - Rights of creditors and heirs where no administration granted.
- § 33-13-5 - Payment of legacy on giving of indemnity bond.
- § 33-13-6 - Filing of statement listing legatees – Notice.
- § 33-13-7 - Approval of statement listing legatees – Order to pay legacies.
- § 33-13-8 - Determination of questions as to legacies.
- § 33-13-8.1 - Distributions in kind in satisfaction of pecuniary bequests.
- § 33-13-9 - Action for recovery of legacy – Action to preserve lien or charge upon real estate.
- CHAPTER 33-14 - Accounts of Executors and Administrators
- § 33-14-1 - Times when accounts required.
- § 33-14-10 - Application of small amounts due to persons under disability.
- § 33-14-11 - Conclusiveness of settlement of accounts.
- § 33-14-12 - Accounting between executors and administrators.
- § 33-14-2 - Charges and credits shown – Investments.
- § 33-14-2.2 - Form of certification.
- § 33-14-3 - Examination of executor or administrator on oath.
- § 33-14-4 - Citation to render account.
- § 33-14-5 - Failure to account after citation.
- § 33-14-6 - Charges and disbursements allowed.
- § 33-14-7 - Expense of prosecuting or defending appeal on admission to probate.
- § 33-14-8 - Compensation of executors and administrators.
- § 33-14-9 - Interest on unreasonable detention of money.
- CHAPTER 33-15 - Limited Guardianship and Guardianship of Adults
- § 33-15-1 - Legislative intent.
- § 33-15-1.1 - [Repealed.].
- § 33-15-10 - Appointment of temporary limited guardian or guardian.
- § 33-15-11 - Tenure of temporary limited guardian or guardian.
- § 33-15-12 - Powers of temporary limited guardian or guardian – Bond.
- § 33-15-13 - Recording of petition in land records – Disability to contract.
- § 33-15-14 - Expense of prosecuting or defending against petition.
- § 33-15-15 - Exemption of welfare agencies from costs and bond.
- § 33-15-16 - Guardian of estate of nonresident.
- § 33-15-17 - [Repealed.].
- § 33-15-17.1 - Notice.
- § 33-15-18 - Removal of limited guardian or guardian or conservator – Resignation.
- § 33-15-19 - Inventory and appraisement of estate.
- § 33-15-2 - Petition for appointment of a limited guardian or guardian.
- § 33-15-20 - Statements of claims against estate.
- § 33-15-21 - Demands payable in future.
- § 33-15-22 - Addresses of creditors – Affidavit to support claim.
- § 33-15-23 - Notice of disallowance of claims.
- § 33-15-24 - Period after notice of claims disallowance during which actions barred – Amount to which creditor entitled – Service on limited guardian or guardian.
- § 33-15-25 - Action on limited guardian's or guardian's bond.
- § 33-15-26 - Annual account.
- § 33-15-26.1 - Annual status report.
- § 33-15-27 - Allowances to limited guardian or guardians.
- § 33-15-28 - [Repealed.].
- § 33-15-29 - General duties of limited guardians or guardians with respect to person and estate.
- § 33-15-3 - Power of probate court to appoint limited guardians or guardians.
- § 33-15-30 - [Repealed.].
- § 33-15-31 - Application of personal property to debts – Priority of claims.
- § 33-15-32 - Sale or mortgage of real estate.
- § 33-15-33 - Sale of personal property.
- § 33-15-34 - [Repealed.].
- § 33-15-35 - Investment of surplus funds – Relief from bond requirements.
- § 33-15-36 - Powers of limited guardian or guardian with respect to corporate stock.
- § 33-15-37 - Support of dependents for whom ward has no legal obligation to provide.
- § 33-15-37.1 - Minimization of taxes – Estate planning.
- § 33-15-38 - Powers unimpaired by §§ 33-15-37 and 33-15-37.1.
- § 33-15-39 - Representation of incompetents and contingent interests in proceedings under § 33-15-37 or 33-15-37.1.
- § 33-15-4 - Limited guardianship.
- § 33-15-4.1 - Good Samaritan guardians.
- § 33-15-4.2 - Waiver of filing fees for good Samaritan guardianships.
- § 33-15-4.3 - No cash surety required.
- § 33-15-4.4 - Immunity of good Samaritan guardians.
- § 33-15-4.5 - Continuing duties of good Samaritan guardians.
- § 33-15-40 - Appeal to supreme court from proceedings under §§ 33-15-37 and 33-15-37.1.
- § 33-15-41 - Applicability of §§ 33-15-37 – 33-15-40.
- § 33-15-42 - Removal of property by nonresident guardian.
- § 33-15-43 - Order to resident guardian to deliver property to nonresident guardian.
- § 33-15-44 - Conservator for incompetent person – Disability to contract.
- § 33-15-45 - Conservator's bond and inventory – Management and accounting.
- § 33-15-46 - [Repealed.].
- § 33-15-47 - Forms.
- § 33-15-5 - Hearing.
- § 33-15-6 - Who may be appointed limited guardian or guardian.
- § 33-15-7 - Guardians ad litem – Duties – Legally incapacitated respondents right to counsel – Termination of appointment of guardian ad litem.
- § 33-15-8 - Authority of limited guardian or guardian.
- § 33-15-8.1 - Temporary guardianship for specific purpose.
- § 33-15-9 - [Repealed.].
- CHAPTER 33-15.1 - Guardianship of Minors
- § 33-15.1-1 - Parents as joint natural guardians – Releases.
- § 33-15.1-10 - Notice on ward for appointment of guardian of person.
- § 33-15.1-11 - Notice to spouse, children or heirs at law of ward.
- § 33-15.1-12 - Expense of prosecuting or defending against petition.
- § 33-15.1-13 - Exemption of welfare agencies from costs and bond.
- § 33-15.1-14 - Appointment of temporary guardian.
- § 33-15.1-15 - Tenure of temporary guardian.
- § 33-15.1-16 - Powers of temporary guardian – Bond.
- § 33-15.1-17 - Inventory and appraisement of estate.
- § 33-15.1-18 - Statements of claims against estate.
- § 33-15.1-19 - Demands payable in future.
- § 33-15.1-2 - Guardianship for education – Educational advocates for children with disabilities under the care and custody of the state.
- § 33-15.1-20 - Addresses of creditors – Affidavit to support claim.
- § 33-15.1-21 - Application of personal property to debts – Priority of claims.
- § 33-15.1-22 - Application of property to debts contracted during minority.
- § 33-15.1-23 - Sale or mortgage of real estate.
- § 33-15.1-24 - Sale of personal property.
- § 33-15.1-25 - Notice of disallowance of claims.
- § 33-15.1-26 - Period after notice of claims disallowances during which actions barred – Amount to which creditor entitled – Service on guardian.
- § 33-15.1-27 - Investment of surplus funds – Relief from bond requirements.
- § 33-15.1-28 - General duties with respect to person and estate.
- § 33-15.1-29 - Annual account.
- § 33-15.1-3 - No preference between parents.
- § 33-15.1-30 - Responsibility of guardians for education of minors.
- § 33-15.1-31 - Powers of guardian with respect to corporate stock.
- § 33-15.1-32 - Support of dependents for whom ward has no legal obligation to provide.
- § 33-15.1-33 - Appeal to supreme court from proceedings under § 33-15.1-32.
- § 33-15.1-34 - Applicability of §§ 33-15.1-32 and 33-15.1-33.
- § 33-15.1-35 - Removal of property by nonresident guardian.
- § 33-15.1-36 - Order to resident guardian to deliver property to nonresident guardian.
- § 33-15.1-37 - Removal of guardian – Resignation.
- § 33-15.1-38 - Allowances to guardians.
- § 33-15.1-39 - Action on guardian's bond.
- § 33-15.1-4 - Power of probate court to appoint guardians.
- § 33-15.1-4.1 - [Repealed.].
- § 33-15.1-40 - Rights of parents or guardian to have children tested for substance abuse – Admissibility of results.
- § 33-15.1-5 - Appointment of guardians for minors.
- § 33-15.1-6 - Appointment in lieu of guardian nominated by minor.
- § 33-15.1-7 - Testamentary appointment of guardian for minor children.
- § 33-15.1-8 - Nonresident as guardian of minor.
- § 33-15.1-9 - Guardian of estate of nonresident.
- CHAPTER 33-16 - Veterans' Guardianships
- § 33-16-1 - Short title.
- § 33-16-10 - Showing of minority as evidence of necessity for guardian.
- § 33-16-11 - Certificate of mental incompetence as evidence of necessity for guardian.
- § 33-16-12 - Notice of petition for guardianship.
- § 33-16-13 - Filing of bond.
- § 33-16-14 - Sureties on bond.
- § 33-16-15 - Filing of annual account.
- § 33-16-16 - Exhibition of securities and investments – Filing of certificates.
- § 33-16-17 - Notice of proceedings to veterans administration and others.
- § 33-16-18 - Accounting for property other than from veterans administration.
- § 33-16-19 - Grounds for removal of guardian.
- § 33-16-2 - Definitions.
- § 33-16-20 - Compensation of guardians.
- § 33-16-21 - Investments.
- § 33-16-22 - Support of persons other than ward, spouse, and children.
- § 33-16-23 - Purchase of real estate.
- § 33-16-24 - Certified copies of public records.
- § 33-16-25 - Termination of guardianship.
- § 33-16-26 - Commitment to federal agency for medical treatment.
- § 33-16-27 - Powers of federal agencies over persons committed – Retention of jurisdiction by court.
- § 33-16-28 - Effect of commitments by foreign courts.
- § 33-16-29 - Transfer of persons with mental illness to federal agencies.
- § 33-16-3 - Administrator as party to guardianship proceedings – Notice.
- § 33-16-30 - Transfer to federal agency having effect of original commitment.
- § 33-16-31 - Commitment of insane person to federal agency.
- § 33-16-32 - Applicability of general laws of guardian and ward.
- § 33-16-33 - Applicability of chapter to guardians appointed under other law.
- § 33-16-34 - Uniformity of construction.
- § 33-16-35 - Severability.
- § 33-16-4 - Appointments governed by chapter.
- § 33-16-5 - Maximum number of wards.
- § 33-16-6 - Filing of petition for appointment of guardian.
- § 33-16-7 - Contents of petition for appointment.
- § 33-16-8 - Additional facts shown by petition – Selection of guardian.
- § 33-16-9 - Rating of mental incompetence shown in petition.
- CHAPTER 33-17 - Bonds of Executors, Administrators, and Guardians
- § 33-17-1 - Conditions of bond.
- § 33-17-1.2 - When surety not required.
- § 33-17-1.3 - When surety not required for guardians.
- § 33-17-10 - Requiring further bond or sureties.
- § 33-17-11 - Cancelation of bond – New bond.
- § 33-17-12 - Release of surety – New surety – Action by surety against principal.
- § 33-17-13 - Order to principal on bond to exhibit condition of estate.
- § 33-17-14 - Copies of bond – Suit in name of court.
- § 33-17-15 - Beneficiaries of suit on bond shown – Costs.
- § 33-17-16 - Facts to be shown by creditor suing on bond.
- § 33-17-17 - Decree of unfaithful administration.
- § 33-17-18 - Evidence in action by distributee.
- § 33-17-19 - Hearing and judgment of forfeiture of bond.
- § 33-17-2 - Meaning of condition in bond of "faithful performance".
- § 33-17-20 - Execution on judgment of forfeiture.
- § 33-17-21 - Addition of parties to suit for forfeiture.
- § 33-17-22 - Action on judgment for penalty.
- § 33-17-23 - Obligors not released by judgment on bond.
- § 33-17-24 - Suit on bond following judgment for obligor.
- § 33-17-25 - Suit for benefit of all interested in estate.
- § 33-17-26 - Suit on bond for failure to inventory or account for property.
- § 33-17-27 - Judgment and execution in suit for failure to inventory or account.
- § 33-17-28 - Administration of amount recovered in suit for failure to inventory or account.
- § 33-17-29 - Consolidation of suits against joint fiduciaries – Execution.
- § 33-17-3 - Bond to pay debts, legacies, and allowances.
- § 33-17-4 - Testamentary exemption from bond or surety.
- § 33-17-5 - Failure to give bond as declination of trust.
- § 33-17-6 - Defective bonds.
- § 33-17-7 - Examination and approval of bond.
- § 33-17-8 - Joint fiduciaries.
- § 33-17-9 - Bonds payable to and suable by court – Lost bonds.
- CHAPTER 33-18 - Decedents' and Incompetents' Estates Generally
- § 33-18-1 - Publication of qualification of fiduciary – Statement filed by clerk.
- § 33-18-10 - Appointment of agent by fiduciary removing from state.
- § 33-18-11 - Death, resignation, or removal of fiduciary's agent from state.
- § 33-18-12 - Revocation of power of fiduciary's agent.
- § 33-18-13 - Removal of fiduciary for failure to appoint agent.
- § 33-18-14 - Service of process on fiduciary's agent.
- § 33-18-15 - Exercise of power of sale in mortgage.
- § 33-18-16 - Abandonment or adjustment of controversies.
- § 33-18-17 - Action in name of estate prosecuted by interested person.
- § 33-18-18 - Intervention in proceedings by or against estate.
- § 33-18-19 - Costs and expenses in proceeding prosecuted or intervened in by interested person.
- § 33-18-2 - General grounds for removal of fiduciary.
- § 33-18-20 - Compromise of actions prosecuted or defended by interested persons – Property recovered.
- § 33-18-21 - Recording of documents in court.
- § 33-18-22 - Release by good faith delivery of property under court order.
- § 33-18-23 - Bona fide transfer of property to executor, administrator, or guardian.
- § 33-18-24 - Transfer of corporate securities and mortgages by foreign fiduciary.
- § 33-18-25 - Payment of debt or delivery of property to foreign fiduciary.
- § 33-18-26 - Action by foreign executor or administrator – Prerequisites.
- § 33-18-27 - Perpetuation by fiduciary of evidence of payments and delivery – Final discharge.
- § 33-18-28 - Decree ratifying payment or delivery by fiduciary without order.
- § 33-18-29 - Deposit of unclaimed funds in court – Payment by court.
- § 33-18-3 - Citation in action to remove fiduciary.
- § 33-18-30 - Delivery of funds, securities, or instruments into court for which fiduciary cannot give proper discharge.
- § 33-18-31 - Hearing and decree on funds, securities, or instruments for which fiduciary cannot give proper discharge – Costs and expenses – Payment or delivery by court.
- § 33-18-4 - Resignation of fiduciary.
- § 33-18-5 - Appointment of new fiduciary – Powers of survivors – New bond.
- § 33-18-6 - Transfer of records and property to successor fiduciary – Action on bond.
- § 33-18-7 - Continuation of actions by or against successor fiduciary.
- § 33-18-8 - Judgment against fiduciary in continuation of action by or against decedent.
- § 33-18-9 - Appointment of agent by nonresident fiduciary.
- CHAPTER 33-19 - Real Property of Decedents and Incompetents
- § 33-19-1 - Court consent to mortgage.
- § 33-19-10 - Notice of sale at auction.
- § 33-19-11 - Adjournment of auction sale.
- § 33-19-12 - Affidavit as to notice of sale.
- § 33-19-13 - Laying out of roads and platting of land.
- § 33-19-14 - Conditions imposed by court.
- § 33-19-15 - Conveyances.
- § 33-19-16 - Sale by guardian and payment of proceeds to fiduciary in nonresident ward's domicile.
- § 33-19-17 - Release of interests in real estate by guardians.
- § 33-19-18 - Sale of cemetery lots.
- § 33-19-19 - Exchange of cemetery lots by guardians.
- § 33-19-2 - Terms of mortgages and notes.
- § 33-19-20 - [Repealed.].
- § 33-19-21 - Irregularities in proceedings.
- § 33-19-22 - Validity of sale as against claimant adverse to decedent or ward.
- § 33-19-23 - Surplus real estate proceeds distributed as real estate.
- § 33-19-24 - Examination of sale proceedings – Recovery of damages.
- § 33-19-25 - Compliance with legal requirements examined on settlement of fiduciary's accounts.
- § 33-19-26 - Authority for lease by guardian.
- § 33-19-27 - Sale, lease, or mortgage by foreign guardian of nonresident ward.
- § 33-19-28 - Definitions of terms in § 33-19-27.
- § 33-19-3 - Authority to sell real estate.
- § 33-19-4 - Sale of whole real estate to prevent injury.
- § 33-19-5 - Finality of decree authorizing sale or mortgage – Claims against estate.
- § 33-19-6 - Duration of authority to sell or mortgage.
- § 33-19-7 - Executor's or administrator's bond to cover application of proceeds of mortgage or sale.
- § 33-19-8 - Guardian's bond to cover proceeds of the sale or mortgage.
- § 33-19-9 - Public or private sale – Petitioner as purchaser – Minimum price fixed.
- CHAPTER 33-2 - Simultaneous Deaths
- § 33-2-1 - Short title.
- § 33-2-2 - Presumption of survivorship as to each decedent.
- § 33-2-3 - Successive beneficiaries dying simultaneously.
- § 33-2-4 - Joint tenants or tenants by entirety dying simultaneously.
- § 33-2-5 - Insurance policies.
- § 33-2-6 - Chapter not retroactive.
- § 33-2-7 - Chapter inapplicable where other provisions made.
- § 33-2-8 - Uniformity of construction.
- § 33-2-9 - Severability.
- CHAPTER 33-20 - Absentees' Estates
- § 33-20-1 - Grounds for appointment of receiver.
- § 33-20-10 - Termination of conservatorship.
- § 33-20-11 - Escheat of excess funds.
- § 33-20-2 - Notice as to appointment of receiver.
- § 33-20-3 - Wartime meaning of last known address.
- § 33-20-4 - Show of cause against appointment of receiver – Receiver's bond.
- § 33-20-5 - Orders for management or sale of property.
- § 33-20-6 - Maintenance of wife and children – Payment of debts.
- § 33-20-7 - Compensation of and disbursements by receiver.
- § 33-20-8 - Conservatorship for military absentee.
- § 33-20-9 - Person appointed as conservator – Bond – Powers.
- CHAPTER 33-21 - Unclaimed Property
- § 33-21-1 - Town taking possession of property.
- § 33-21-10 - Record of proceedings.
- § 33-21-11 - – 33-21-43. [Repealed.].
- § 33-21-2 - [Repealed.].
- § 33-21-3 - Action for recovery of property.
- § 33-21-4 - Subjection of estate to debts of decedent.
- § 33-21-5 - Order for sale of real estate.
- § 33-21-6 - Proceeds of sale.
- § 33-21-7 - – 33-21-9. [Repealed.].
- CHAPTER 33-21.1 - Unclaimed Intangible and Tangible Property
- § 33-21.1-1 - Definitions and use of terms.
- § 33-21.1-10 - Stock and other intangible interests in business associations.
- § 33-21.1-11 - [Repealed.].
- § 33-21.1-12 - Property held by agents and fiduciaries.
- § 33-21.1-13 - Property held by courts and public agencies.
- § 33-21.1-14 - Gift certificates and credit memos.
- § 33-21.1-14.1 - Property held by police departments.
- § 33-21.1-14.2 - Property held by hospitals, private, nonprofit institution of higher education or other domestic charitable corporations.
- § 33-21.1-15 - Wages.
- § 33-21.1-16 - Contents of safe deposit box or other safekeeping repository.
- § 33-21.1-16.1 - Unclaimed demutualization proceeds.
- § 33-21.1-17 - Report of abandoned property.
- § 33-21.1-18 - Notice and publication of lists of abandoned property.
- § 33-21.1-19 - Payment or delivery of abandoned property.
- § 33-21.1-2 - Property presumed abandoned.
- § 33-21.1-20 - Custody by state – Defense of holder – Payment of safe deposit box or repository charges.
- § 33-21.1-21 - Crediting of dividends, interest or increments to owner's account.
- § 33-21.1-22 - Public sale of abandoned property.
- § 33-21.1-23 - Deposit of funds.
- § 33-21.1-24 - Filing of claim with administrator.
- § 33-21.1-25 - Claim of another state to recover property; procedure.
- § 33-21.1-26 - Action to establish claim.
- § 33-21.1-27 - Election to take payment or delivery.
- § 33-21.1-28 - Destruction or disposition of property having insubstantial commercial value – Immunity from liability.
- § 33-21.1-29 - Limitation periods.
- § 33-21.1-3 - General rules for taking custody of intangible unclaimed property.
- § 33-21.1-3.1 - Property originated or issued by this state, any political subdivision of the state or any entity incorporated, organized, created or otherwise located in this state.
- § 33-21.1-30 - Requests for reports and examination of records.
- § 33-21.1-31 - Retention of records.
- § 33-21.1-32 - Enforcement.
- § 33-21.1-33 - Interstate agreements and cooperation – Joint and reciprocal actions with other states.
- § 33-21.1-34 - Interest and penalties.
- § 33-21.1-35 - Agreement to locate reported property.
- § 33-21.1-36 - Foreign transactions.
- § 33-21.1-37 - Effect of new provisions – Clarification of application.
- § 33-21.1-38 - Rules.
- § 33-21.1-39 - Severability.
- § 33-21.1-4 - Travelers checks and money orders.
- § 33-21.1-40 - Uniformity of application and construction.
- § 33-21.1-41 - Short title.
- § 33-21.1-5 - Checks, drafts and similar instruments issued or certified by banking and financial organizations.
- § 33-21.1-6 - Bank deposits and funds in financial organizations.
- § 33-21.1-7 - Funds owing under life insurance policies.
- § 33-21.1-8 - Deposits held by utilities.
- § 33-21.1-9 - Refunds held by business associations.
- CHAPTER 33-21.2 - Lost Property
- CHAPTER 33-21A - Escheat of Postal Savings System Accounts
- § 33-21A-1 - Declaration of escheat.
- § 33-21A-2 - Obtaining information on accounts.
- § 33-21A-3 - Proceeding to adjudicate escheat.
- § 33-21A-4 - Notice.
- § 33-21A-5 - Collection and deposit of funds.
- § 33-21A-6 - Indemnification of the United States.
- § 33-21A-7 - Short title.
- CHAPTER 33-21B - Property in Custody of Federal Officers, Agencies, and Departments
- CHAPTER 33-22 - Practice in Probate Courts
- § 33-22-1 - Petitions in writing and signed – Notice to institution of petition concerning deceased inmate.
- § 33-22-10 - Notice in discretion of court.
- § 33-22-11 - Notice by advertisement.
- § 33-22-12 - Notice by service or mail.
- § 33-22-13 - Advertisement in foreign language newspaper or other notice.
- § 33-22-14 - Findings of court as to notice.
- § 33-22-15 - Dispensation with notice by assent of parties.
- § 33-22-16 - Probate forms.
- § 33-22-17 - Representation of unborn, unascertained, and incompetent persons.
- § 33-22-18 - Administration of oaths.
- § 33-22-19 - Decrees and orders in writing – Recording.
- § 33-22-19.1 - Record of probate court proceedings.
- § 33-22-19.2 - Hearings in probate courts – Evidence and discovery.
- § 33-22-2 - Contents of petition for probate or administration.
- § 33-22-20 - Deposit of money paid into registry.
- § 33-22-21 - Fees enumerated – Hearing date to be noted on receipt.
- § 33-22-22 - Fees excused on veterans' guardianships.
- § 33-22-23 - Division of fees.
- § 33-22-24 - [Repealed.].
- § 33-22-25 - Payment of fees into local treasury – Power to provide for fixed salaries.
- § 33-22-26 - Cost and fees in contested and appealed cases – Persons deemed parties of record.
- § 33-22-27 - Execution for cost and fees.
- § 33-22-28 - Name change.
- § 33-22-29 - Local rules of probate court.
- § 33-22-3 - Notice given by petitioner on filing of petition and hearing.
- § 33-22-30 - Probate court docket and special sessions.
- § 33-22-31 - Form of order and decree.
- § 33-22-4 - Listing of and notice to legatees and devisees in will contests.
- § 33-22-5 - Waiver of notice.
- § 33-22-6 - Additional notice given – Failure to comply.
- § 33-22-7 - Proceedings in which notice given by court.
- § 33-22-8 - Notice of authority to sell or mortgage real estate.
- § 33-22-9 - Notice of account containing credit for sale or mortgage of real estate.
- CHAPTER 33-23 - Judicial Review of Probate Court Orders and Decisions
- § 33-23-1 - Filing of claim of appeal, record, and reasons.
- § 33-23-10 - Assignment for hearing.
- § 33-23-11 - Failure to file appeal claimed.
- § 33-23-12 - Failure to perfect or prosecute appeal.
- § 33-23-13 - Discontinuance of appeal.
- § 33-23-14 - Modification of decrees after discontinuance of appeal.
- § 33-23-15 - Want of jurisdiction – Amendments to supply defects.
- § 33-23-16 - Correction of want of notice.
- § 33-23-17 - Consolidation of appeals – Addition of parties.
- § 33-23-18 - Affirmance, reversal, or entry of new decree.
- § 33-23-19 - Transmission of final decree to probate court.
- § 33-23-2 - Suspension of order or decree pending appeal.
- § 33-23-20 - Conclusiveness of advice or direction of probate court.
- § 33-23-3 - Effect of appeal from granting of letters.
- § 33-23-4 - Sale of tangible personal property pending appeal.
- § 33-23-5 - Sale of personalty in general pending appeal.
- § 33-23-6 - Powers over real estate pending appeal.
- § 33-23-7 - Transfer of estate pending appeal from decree removing fiduciary.
- § 33-23-8 - Notice of appeal.
- § 33-23-9 - Assignment day.
- CHAPTER 33-24 - Small Estates
- CHAPTER 33-25 - Dower and Curtesy
- § 33-25-1 - Dower and curtesy abolished.
- § 33-25-2 - Life estate to spouse.
- § 33-25-3 - Life estate precedence.
- § 33-25-4 - Election by surviving spouse – Recording of waiver and claim.
- § 33-25-5 - Payment of value of life estate in lieu thereof.
- § 33-25-6 - Applicability.
- CHAPTER 33-26 - Establishing a Legislative Commission to Study the Feasibility of Modernizing Probate Law and Procedure to Make Recommendations Therefor
- CHAPTER 33-27 - Access to Decedents' Electronic Mail Accounts Act
- CHAPTER 33-3 - Division of Real Estate
- § 33-3-1 - Power of probate court – Application for division.
- § 33-3-10 - Real estate not disposed of by will.
- § 33-3-11 - Division of real estate devised in common.
- § 33-3-12 - Division of remainder in property.
- § 33-3-13 - Payment of expenses of division on appeal to superior court.
- § 33-3-14 - Certificate of descent.
- § 33-3-2 - Time of proceeding – Notice.
- § 33-3-3 - Decree determining parties entitled – Appointment of commissioners.
- § 33-3-4 - Directions as to advancements.
- § 33-3-5 - Warrants to commissioners.
- § 33-3-6 - Division of property by commissioners.
- § 33-3-7 - Assignment of shares by lot or agreement.
- § 33-3-8 - Commissioners' report.
- § 33-3-9 - Representation of infants and persons non compos mentis.
- CHAPTER 33-4 - Dower and Jointure
- CHAPTER 33-5 - Execution and Revocation of Wills
- § 33-5-1 - Definitions.
- § 33-5-10 - Methods of revoking will.
- § 33-5-11 - Alteration of circumstances.
- § 33-5-12 - Wills prior to 1896.
- § 33-5-2 - Testamentary capacity – Property subject to will.
- § 33-5-3 - [Repealed.].
- § 33-5-4 - Nomination of guardian by will.
- § 33-5-5 - Execution of will – Acknowledgment and attestation.
- § 33-5-6 - Persons in military service – Sailors.
- § 33-5-7 - Wills conforming to laws of other states.
- § 33-5-8 - Conformation to law at time of execution.
- § 33-5-9 - Revocation of will by marriage.
- § 33-5-9.1 - Revocation of provision in will for divorced spouse.
- CHAPTER 33-6 - Proof and Construction of Wills
- § 33-6-1 - Gifts to attesting witnesses.
- § 33-6-10 - Limitation on fee tail.
- § 33-6-11 - Death of devisee in tail in lifetime of testator.
- § 33-6-12 - Commencement of income estate.
- § 33-6-13 - Apportionment on termination of income estate.
- § 33-6-14 - Suit for recovery of income from executor.
- § 33-6-15 - Interest on general pecuniary legacies.
- § 33-6-16 - Life estate or term for years in property consumed by use.
- § 33-6-17 - General devises and bequests.
- § 33-6-18 - Devise of lands of which testator is not seised.
- § 33-6-19 - Substitution of issue for beneficiary predeceasing testator.
- § 33-6-2 - Creditor attesting.
- § 33-6-20 - Devisee or legatee predeceased without issue.
- § 33-6-21 - , 33-6-22. [Repealed.].
- § 33-6-23 - Pretermitted issue.
- § 33-6-24 - Apportionment of share taken by pretermitted child.
- § 33-6-25 - [Repealed.].
- § 33-6-26 - Intent of testator as to apportionment of debts.
- § 33-6-27 - Contribution by pretermitted issue to payment of debts.
- § 33-6-28 - Death or insolvency of beneficiary liable to contribution for debts.
- § 33-6-29 - [Repealed.].
- § 33-6-3 - Death of attesting beneficiary in lifetime of testator.
- § 33-6-30 - Partial intestacy.
- § 33-6-31 - Passage of title by will – Recording.
- § 33-6-32 - Filing of original wills.
- § 33-6-33 - Gifts to trustee of existing trust.
- § 33-6-4 - Executor or trustee as witness.
- § 33-6-5 - Construction as to real estate within state.
- § 33-6-6 - Time from which will speaks.
- § 33-6-7 - Devise without words of limitation.
- § 33-6-8 - Devise to executor or trustee.
- § 33-6-9 - Gift for life with remainder to issue.
- CHAPTER 33-7 - Custody and Probate of Wills
- § 33-7-1 - – 33-7-4. [Repealed.].
- § 33-7-10 - Proof of wills when subscribing witnesses unavailable.
- § 33-7-11 - Provisions of § 33-7-10 supplemental.
- § 33-7-12 - Compromise of controversies pending probate.
- § 33-7-13 - Action to confirm compromise.
- § 33-7-14 - Representation of parties under disability.
- § 33-7-15 - Representation of contingent interests and charitable gifts.
- § 33-7-16 - Decree confirming compromise.
- § 33-7-17 - Certification of decree and compromise.
- § 33-7-18 - Request to record foreign probated will.
- § 33-7-19 - Notice of offer of foreign will.
- § 33-7-20 - Order approving foreign will – Effect on real estate titles.
- § 33-7-21 - Effect of recording of foreign will – Granting of letters.
- § 33-7-22 - Proof of foreign will not required to be probated in domicile.
- § 33-7-23 - Probate conclusive as to execution.
- § 33-7-24 - Taking of will from files of court – Copy retained – Proof of copy on loss of original.
- § 33-7-25 - Original probate of foreign wills.
- § 33-7-26 - Proof of purported will or codicil.
- § 33-7-5 - Duty of person in possession of will to deliver into court.
- § 33-7-6 - Investigation of alleged concealment of will.
- § 33-7-7 - Penalty for theft, destruction, or concealment of will.
- § 33-7-7.1 - Disposition of documents intended as last wills and testaments in the possession of the probate courts.
- § 33-7-8 - Proof of will of nonresident.
- § 33-7-9 - Notice to executors of petition for probate.
- CHAPTER 33-8 - Appointment and Qualification of Executors and Administrators
- § 33-8-1 - Grant of letters to executor named in will.
- § 33-8-10 - Administration de bonis non.
- § 33-8-11 - Marriage of executrix or administratrix.
- § 33-8-2 - Minority of named executor.
- § 33-8-3 - Neglect to present will for probate.
- § 33-8-4 - Grant of letters or administration on incompetence or failure of named executor to qualify.
- § 33-8-5 - Powers of surviving and qualifying joint executors – Filling of vacancies.
- § 33-8-6 - Executor of executor.
- § 33-8-7 - Residence of administrator.
- § 33-8-8 - Administration of intestate estate.
- § 33-8-9 - Administration of partially intestate estate.
- CHAPTER 33-9 - Collection and Management of Decedents' Estates
- § 33-9-1 - Return of inventory of estate.
- § 33-9-10 - Sale of mortgage and debt.
- § 33-9-11 - Taking possession of property by mortgage.
- § 33-9-12 - Possession and sale of property taken through mortgage.
- § 33-9-13 - Redemption of mortgaged property from executor or administrator.
- § 33-9-14 - Authority of executor or administrator to borrow.
- § 33-9-15 - Purposes for which borrowing authorized.
- § 33-9-16 - Effect of borrowing by executor or administrator.
- § 33-9-17 - Lender not liable for loss or misapplication.
- § 33-9-18 - Authority to lend, invest, vote, and protect investments.
- § 33-9-19 - General powers of executor or administrator unaffected.
- § 33-9-2 - Wearing apparel.
- § 33-9-20 - Representation of contingent interests and persons non sui juris.
- § 33-9-21 - Appeals to supreme court.
- § 33-9-22 - Validity of acts by executor or administrator subsequently removed – Validity of purchases from devisees, legatees, or heirs.
- § 33-9-23 - Master's deed to convey decedent's property to party entitled to specific performance.
- § 33-9-24 - Continuation of actions by or against decedent.
- § 33-9-25 - Substitution and execution by successor administrator.
- § 33-9-26 - Liability of executor in own wrong.
- § 33-9-27 - Personal liability of executor or administrator for debts of estate.
- § 33-9-28 - Civil action with suggestion of waste.
- § 33-9-29 - Descent or distribution of real estate to be recorded.
- § 33-9-3 - Emblements of lands.
- § 33-9-30 - Donation of conservation easement.
- § 33-9-4 - Appraisal of property.
- § 33-9-5 - Debts owed by executor to decedent.
- § 33-9-6 - Marking and care of decedent's grave.
- § 33-9-7 - Continuation of decedent's business.
- § 33-9-8 - Redemption or sale of incumbered property.
- § 33-9-9 - Real estate mortgages as personal property.