State Codes and Statutes
Statutes > Rhode-island > Title-34 > Chapter-34-5 > 34-5-6SECTION 34-5-6
§ 34-5-6 Filing and service of disclaimer.– (a) The original of the disclaimer or an attested copy of the disclaimer, iffiling is required to be made with more than one office, shall be filed:
(1) In the case of personal property, in the office of theclerk of probate court that had jurisdiction of the estate of the decedent atthe time of his or her death, if the interest was created by will, or if theinterest was created by an inter vivos instrument in the office of the clerk ofthe superior court for the county of which the donor or grantor was a residentat the time of the creation of the grant or trust or if the donor or grantorwas not a resident of Rhode Island in the office of the clerk of the SuperiorCourt for Providence County.
(2) In the case of real estate, in the office of the personhaving charge of the recording of deeds in the city or town in which the realestate is situated; and if probate proceedings have been commenced in theestate of the decedent prior to the filing, this disclaimer shall also be filedin the office of the clerk of the probate court in which these proceedings areinstituted.
(b) A copy of the disclaimer shall be served by delivering inhand or by mailing by certified mail to the last known address of the person orpersons or other legal entity or entities having legal title to or possessionof the property, an interest in which is being disclaimed. Failure to complywith these requirements of service shall not affect the validity of thedisclaimer.
