State Codes and Statutes

Statutes > Rhode-island > Title-33 > Chapter-33-23 > 33-23-8

SECTION 33-23-8

   § 33-23-8  Notice of appeal. – (a) When a probate appeal is entered in the superior court, the appellant shallserve a true copy of the reasons of appeal by regular mail, postage prepaid, toall interested persons in the estate of the deceased or ward and to all personswho entered an appearance, pro se or through counsel, in the underlying probateproceedings. The appellant shall further notify such persons that they have theright to enter an appearance or move to intervene in the superior court probateappeal within twenty (20) days after service. The appellant shall file acertificate in the superior court that notice was given in the mannerprescribed in this section and shall identify the names and addresses of thepersons to whom notice was given. If an interested person fails to enter anappearance or move to intervene within twenty (20) days after notice, thesuperior court may entertain the appellant's probate appeal without furthernotice to such person.

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

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

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

   (e) The superior court may, upon motion, permit anyinterested person to intervene in a probate appeal and, upon doing so, isentitled to participate in any and all superior court proceedings concerningthe appeal. The executor, administrator, guardian or other fiduciary shallautomatically be a party to the superior court proceedings without motion tointervene.

State Codes and Statutes

Statutes > Rhode-island > Title-33 > Chapter-33-23 > 33-23-8

SECTION 33-23-8

   § 33-23-8  Notice of appeal. – (a) When a probate appeal is entered in the superior court, the appellant shallserve a true copy of the reasons of appeal by regular mail, postage prepaid, toall interested persons in the estate of the deceased or ward and to all personswho entered an appearance, pro se or through counsel, in the underlying probateproceedings. The appellant shall further notify such persons that they have theright to enter an appearance or move to intervene in the superior court probateappeal within twenty (20) days after service. The appellant shall file acertificate in the superior court that notice was given in the mannerprescribed in this section and shall identify the names and addresses of thepersons to whom notice was given. If an interested person fails to enter anappearance or move to intervene within twenty (20) days after notice, thesuperior court may entertain the appellant's probate appeal without furthernotice to such person.

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

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

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

   (e) The superior court may, upon motion, permit anyinterested person to intervene in a probate appeal and, upon doing so, isentitled to participate in any and all superior court proceedings concerningthe appeal. The executor, administrator, guardian or other fiduciary shallautomatically be a party to the superior court proceedings without motion tointervene.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-33 > Chapter-33-23 > 33-23-8

SECTION 33-23-8

   § 33-23-8  Notice of appeal. – (a) When a probate appeal is entered in the superior court, the appellant shallserve a true copy of the reasons of appeal by regular mail, postage prepaid, toall interested persons in the estate of the deceased or ward and to all personswho entered an appearance, pro se or through counsel, in the underlying probateproceedings. The appellant shall further notify such persons that they have theright to enter an appearance or move to intervene in the superior court probateappeal within twenty (20) days after service. The appellant shall file acertificate in the superior court that notice was given in the mannerprescribed in this section and shall identify the names and addresses of thepersons to whom notice was given. If an interested person fails to enter anappearance or move to intervene within twenty (20) days after notice, thesuperior court may entertain the appellant's probate appeal without furthernotice to such person.

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

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

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

   (e) The superior court may, upon motion, permit anyinterested person to intervene in a probate appeal and, upon doing so, isentitled to participate in any and all superior court proceedings concerningthe appeal. The executor, administrator, guardian or other fiduciary shallautomatically be a party to the superior court proceedings without motion tointervene.