§ 33-24-1 Voluntary informaladministration of small estates. – If a resident of Rhode Island dies leaving an estate consisting entirely ofpersonal property the total value of which otherwise subject to being listed ona probate inventory pursuant to § 33-9-1, exclusive of tangible personalproperty of which the decedent was owner, does not exceed fifteen thousanddollars ($15,000) in value, his or her surviving spouse, child, grandchild,parent, brother, sister, niece, nephew, aunt or uncle, or any interested party,if of full age and legal capacity and a resident of this state, may, after theexpiration of thirty (30) days from the death of the decedent, provided nopetition for letters testamentary or letters of administration has been filedwith the probate court of the city or town in which the decedent resided, filewith said probate court upon a form prescribed by the court a statement,verified by oath or affirmation containing:
(a) The name and residential address of the affiant,
(b) The name, residence and date of death of the deceased,
(c) The relationship of the affiant to the deceased,
(d) A schedule showing every asset known to the affianttitled solely in the decedent's name and all assets known or believed to betitled in the decedent's name as of the decedent's date of death, and theestimated value of each such asset,
(e) A statement that the affiant has undertaken to act asvoluntary administrator of the estate of the deceased and will administer thesame according to law, and apply the proceeds thereof in conformity with thissection,
(f) The names and addresses known to the affiant of thepersons who would take under the provisions of Rhode Island general laws §33-1-10 in the case of intestacy.
Upon presentation of such statement, accompanied by acertificate of the death of the deceased and payment of a fee of thirty dollars($30.00), the clerk of the probate court shall file these documents as a partof the permanent record of the court. Upon the payment of five dollars ($5.00),the clerk of the probate court shall, if no other probate proceeding foradministration of such estate is pending in said court, issue a certificationof appointment of voluntary administrator, but only after such certificationhas been reviewed by the judge of the probate court. No hearing in the probatecourt shall be required as a condition for the issuance of the certification bythe clerk of the probate court; provided, however, that the probate judge mayrequire a hearing to take place in order to determine whether suchcertification should issue.
Upon the presentation of a copy of such a certification ofappointment by the clerk of the probate court, the tender of a proper receiptin writing and the surrender of any policy, passbook, note, certificate orother evidentiary instrument, a voluntary administrator may, as the legalrepresentative of the deceased and his or her estate, receive payment of anydebt or obligation in the nature of a debt, or delivery of any chattel orasset, scheduled in such statement. Payments and deliveries made under thissection shall discharge the liability of the debtor, obligor or deliverer toall persons with respect to such debt, chattel, obligation or other assetunless, at the time of such payment or delivery, a written demand has been madeupon such debtor, obligor or deliverer by a duly appointed executor oradministrator.
A voluntary administrator may sell any chattel so receivedand negotiate or assign any choice in action to convert the same to cash in areasonable amount.
A voluntary administrator shall, as far as possible out ofthe assets which come into his or her hands, first discharge the necessaryexpenses of the funeral and last sickness of the deceased and the necessaryexpenses of administration without fee for his or her services, and then paythe debts of the deceased in the order specified in Rhode Island general laws§ 33-12-11 and any other debts of the estate, and then distribute thebalance, if any, to the surviving spouse, or, if there is no surviving spouse,to the persons and in the proportions prescribed by § 33-1-10.
A voluntary administrator shall be liable as an executor inhis or her own wrong to all persons aggrieved by his or her administration ofthe estate, and, if letters testamentary or letters of administration are atany time granted, shall be liable as such an executor to the rightful executoror administrator.
§ 33-24-1 Voluntary informaladministration of small estates. – If a resident of Rhode Island dies leaving an estate consisting entirely ofpersonal property the total value of which otherwise subject to being listed ona probate inventory pursuant to § 33-9-1, exclusive of tangible personalproperty of which the decedent was owner, does not exceed fifteen thousanddollars ($15,000) in value, his or her surviving spouse, child, grandchild,parent, brother, sister, niece, nephew, aunt or uncle, or any interested party,if of full age and legal capacity and a resident of this state, may, after theexpiration of thirty (30) days from the death of the decedent, provided nopetition for letters testamentary or letters of administration has been filedwith the probate court of the city or town in which the decedent resided, filewith said probate court upon a form prescribed by the court a statement,verified by oath or affirmation containing:
(a) The name and residential address of the affiant,
(b) The name, residence and date of death of the deceased,
(c) The relationship of the affiant to the deceased,
(d) A schedule showing every asset known to the affianttitled solely in the decedent's name and all assets known or believed to betitled in the decedent's name as of the decedent's date of death, and theestimated value of each such asset,
(e) A statement that the affiant has undertaken to act asvoluntary administrator of the estate of the deceased and will administer thesame according to law, and apply the proceeds thereof in conformity with thissection,
(f) The names and addresses known to the affiant of thepersons who would take under the provisions of Rhode Island general laws §33-1-10 in the case of intestacy.
Upon presentation of such statement, accompanied by acertificate of the death of the deceased and payment of a fee of thirty dollars($30.00), the clerk of the probate court shall file these documents as a partof the permanent record of the court. Upon the payment of five dollars ($5.00),the clerk of the probate court shall, if no other probate proceeding foradministration of such estate is pending in said court, issue a certificationof appointment of voluntary administrator, but only after such certificationhas been reviewed by the judge of the probate court. No hearing in the probatecourt shall be required as a condition for the issuance of the certification bythe clerk of the probate court; provided, however, that the probate judge mayrequire a hearing to take place in order to determine whether suchcertification should issue.
Upon the presentation of a copy of such a certification ofappointment by the clerk of the probate court, the tender of a proper receiptin writing and the surrender of any policy, passbook, note, certificate orother evidentiary instrument, a voluntary administrator may, as the legalrepresentative of the deceased and his or her estate, receive payment of anydebt or obligation in the nature of a debt, or delivery of any chattel orasset, scheduled in such statement. Payments and deliveries made under thissection shall discharge the liability of the debtor, obligor or deliverer toall persons with respect to such debt, chattel, obligation or other assetunless, at the time of such payment or delivery, a written demand has been madeupon such debtor, obligor or deliverer by a duly appointed executor oradministrator.
A voluntary administrator may sell any chattel so receivedand negotiate or assign any choice in action to convert the same to cash in areasonable amount.
A voluntary administrator shall, as far as possible out ofthe assets which come into his or her hands, first discharge the necessaryexpenses of the funeral and last sickness of the deceased and the necessaryexpenses of administration without fee for his or her services, and then paythe debts of the deceased in the order specified in Rhode Island general laws§ 33-12-11 and any other debts of the estate, and then distribute thebalance, if any, to the surviving spouse, or, if there is no surviving spouse,to the persons and in the proportions prescribed by § 33-1-10.
A voluntary administrator shall be liable as an executor inhis or her own wrong to all persons aggrieved by his or her administration ofthe estate, and, if letters testamentary or letters of administration are atany time granted, shall be liable as such an executor to the rightful executoror administrator.
§ 33-24-1 Voluntary informaladministration of small estates. – If a resident of Rhode Island dies leaving an estate consisting entirely ofpersonal property the total value of which otherwise subject to being listed ona probate inventory pursuant to § 33-9-1, exclusive of tangible personalproperty of which the decedent was owner, does not exceed fifteen thousanddollars ($15,000) in value, his or her surviving spouse, child, grandchild,parent, brother, sister, niece, nephew, aunt or uncle, or any interested party,if of full age and legal capacity and a resident of this state, may, after theexpiration of thirty (30) days from the death of the decedent, provided nopetition for letters testamentary or letters of administration has been filedwith the probate court of the city or town in which the decedent resided, filewith said probate court upon a form prescribed by the court a statement,verified by oath or affirmation containing:
(a) The name and residential address of the affiant,
(b) The name, residence and date of death of the deceased,
(c) The relationship of the affiant to the deceased,
(d) A schedule showing every asset known to the affianttitled solely in the decedent's name and all assets known or believed to betitled in the decedent's name as of the decedent's date of death, and theestimated value of each such asset,
(e) A statement that the affiant has undertaken to act asvoluntary administrator of the estate of the deceased and will administer thesame according to law, and apply the proceeds thereof in conformity with thissection,
(f) The names and addresses known to the affiant of thepersons who would take under the provisions of Rhode Island general laws §33-1-10 in the case of intestacy.
Upon presentation of such statement, accompanied by acertificate of the death of the deceased and payment of a fee of thirty dollars($30.00), the clerk of the probate court shall file these documents as a partof the permanent record of the court. Upon the payment of five dollars ($5.00),the clerk of the probate court shall, if no other probate proceeding foradministration of such estate is pending in said court, issue a certificationof appointment of voluntary administrator, but only after such certificationhas been reviewed by the judge of the probate court. No hearing in the probatecourt shall be required as a condition for the issuance of the certification bythe clerk of the probate court; provided, however, that the probate judge mayrequire a hearing to take place in order to determine whether suchcertification should issue.
Upon the presentation of a copy of such a certification ofappointment by the clerk of the probate court, the tender of a proper receiptin writing and the surrender of any policy, passbook, note, certificate orother evidentiary instrument, a voluntary administrator may, as the legalrepresentative of the deceased and his or her estate, receive payment of anydebt or obligation in the nature of a debt, or delivery of any chattel orasset, scheduled in such statement. Payments and deliveries made under thissection shall discharge the liability of the debtor, obligor or deliverer toall persons with respect to such debt, chattel, obligation or other assetunless, at the time of such payment or delivery, a written demand has been madeupon such debtor, obligor or deliverer by a duly appointed executor oradministrator.
A voluntary administrator may sell any chattel so receivedand negotiate or assign any choice in action to convert the same to cash in areasonable amount.
A voluntary administrator shall, as far as possible out ofthe assets which come into his or her hands, first discharge the necessaryexpenses of the funeral and last sickness of the deceased and the necessaryexpenses of administration without fee for his or her services, and then paythe debts of the deceased in the order specified in Rhode Island general laws§ 33-12-11 and any other debts of the estate, and then distribute thebalance, if any, to the surviving spouse, or, if there is no surviving spouse,to the persons and in the proportions prescribed by § 33-1-10.
A voluntary administrator shall be liable as an executor inhis or her own wrong to all persons aggrieved by his or her administration ofthe estate, and, if letters testamentary or letters of administration are atany time granted, shall be liable as such an executor to the rightful executoror administrator.
