§ 33-1-6 - Widow's or husband's allowance of real estate in fee. - Rhode-island Statutes

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Statutes > Rhode-island > Title-33 > Chapter-33-1 > 33-1-6

SECTION 33-1-6

§ 33-1-6 Widow's or husband's allowance ofreal estate in fee. – The probate court having jurisdiction of the estate of the intestate, if aresident of this state, or the probate court of any city or town in which thereal estate of the intestate is situated if not a resident of this state, mayalso, in its discretion if there is no issue as aforesaid, upon petition filedwithin six (6) months from the date of the first publication of notice of thequalification of the administrator of the estate of the intestate, allow andset off to the widow or husband in fee real estate of the decedent situated inthis state to an amount not exceeding seventy-five thousand dollars ($75,000)in value, over and above all incumbrances, if not required for the payment ofthe debts of the decedent; provided that if the real estate shall be in asingle parcel of greater value over and above incumbrances than seventy-fivethousand dollars ($75,000) and shall be deemed by the court, because of suchcondition and value, to be incapable of being allowed and set off hereunder,either as a whole or by partition, without unreasonable diminution in the valuethereof, the court may order the parcel to be sold by the administrator, theadministrator giving bond as in other cases of the sale of real estate, andfrom the proceeds of such sale may allow and set off the sum of seventy-fivethousand dollars ($75,000) to the widow or surviving husband for his or her ownuse and any surplus of the proceeds of sale shall be deemed to be real estatefor the purposes of descent and distribution; provided, however, that title toreal estate situated in any town or city of this state shall not pass by thedecree of the probate court setting off and allowing such real estate, for thepurpose of conveyance by the widow or surviving husband until a copy of suchdecree as entered, duly certified by the probate clerk, is recorded in therecords of land evidence in the town or city where the land is situated.

State Codes and Statutes

Statutes > Rhode-island > Title-33 > Chapter-33-1 > 33-1-6

SECTION 33-1-6

§ 33-1-6 Widow's or husband's allowance ofreal estate in fee. – The probate court having jurisdiction of the estate of the intestate, if aresident of this state, or the probate court of any city or town in which thereal estate of the intestate is situated if not a resident of this state, mayalso, in its discretion if there is no issue as aforesaid, upon petition filedwithin six (6) months from the date of the first publication of notice of thequalification of the administrator of the estate of the intestate, allow andset off to the widow or husband in fee real estate of the decedent situated inthis state to an amount not exceeding seventy-five thousand dollars ($75,000)in value, over and above all incumbrances, if not required for the payment ofthe debts of the decedent; provided that if the real estate shall be in asingle parcel of greater value over and above incumbrances than seventy-fivethousand dollars ($75,000) and shall be deemed by the court, because of suchcondition and value, to be incapable of being allowed and set off hereunder,either as a whole or by partition, without unreasonable diminution in the valuethereof, the court may order the parcel to be sold by the administrator, theadministrator giving bond as in other cases of the sale of real estate, andfrom the proceeds of such sale may allow and set off the sum of seventy-fivethousand dollars ($75,000) to the widow or surviving husband for his or her ownuse and any surplus of the proceeds of sale shall be deemed to be real estatefor the purposes of descent and distribution; provided, however, that title toreal estate situated in any town or city of this state shall not pass by thedecree of the probate court setting off and allowing such real estate, for thepurpose of conveyance by the widow or surviving husband until a copy of suchdecree as entered, duly certified by the probate clerk, is recorded in therecords of land evidence in the town or city where the land is situated.

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State Codes and Statutes

Statutes > Rhode-island > Title-33 > Chapter-33-1 > 33-1-6

SECTION 33-1-6

§ 33-1-6 Widow's or husband's allowance ofreal estate in fee. – The probate court having jurisdiction of the estate of the intestate, if aresident of this state, or the probate court of any city or town in which thereal estate of the intestate is situated if not a resident of this state, mayalso, in its discretion if there is no issue as aforesaid, upon petition filedwithin six (6) months from the date of the first publication of notice of thequalification of the administrator of the estate of the intestate, allow andset off to the widow or husband in fee real estate of the decedent situated inthis state to an amount not exceeding seventy-five thousand dollars ($75,000)in value, over and above all incumbrances, if not required for the payment ofthe debts of the decedent; provided that if the real estate shall be in asingle parcel of greater value over and above incumbrances than seventy-fivethousand dollars ($75,000) and shall be deemed by the court, because of suchcondition and value, to be incapable of being allowed and set off hereunder,either as a whole or by partition, without unreasonable diminution in the valuethereof, the court may order the parcel to be sold by the administrator, theadministrator giving bond as in other cases of the sale of real estate, andfrom the proceeds of such sale may allow and set off the sum of seventy-fivethousand dollars ($75,000) to the widow or surviving husband for his or her ownuse and any surplus of the proceeds of sale shall be deemed to be real estatefor the purposes of descent and distribution; provided, however, that title toreal estate situated in any town or city of this state shall not pass by thedecree of the probate court setting off and allowing such real estate, for thepurpose of conveyance by the widow or surviving husband until a copy of suchdecree as entered, duly certified by the probate clerk, is recorded in therecords of land evidence in the town or city where the land is situated.