§ 33-11-32. Secured claims against insolvent estates.
If a creditor, having a security for his or her claim against an insolvent estate upon any property of the estate, files his or her claim, the probate court shall inquire into the cash value of the security, and if the court allows the claim, the executor or administrator shall give the creditor personal notice of the amount allowed and the value of the security as reported by the court and unless the creditor shall, within fifteen (15) days after receiving notice, lodge with the court a certificate of his or her election to relinquish the security, he or she is entitled to a dividend from the estate upon the excess only of his or her claim above the amount of the court’s valuation of the security.
History of Section.C.P.A. 1905, § 907; G.L. 1909, ch. 314, § 27; G.L. 1923, ch. 365, § 27; G.L. 1938, ch. 578, § 27; G.L. 1956, § 33-11-32; P.L. 1996, ch. 110, § 5; P.L. 2000, ch. 427, § 2.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-11 - Claims Against Decedents’ Estates
Section 33-11-1. - Computation of time.
Section 33-11-2. - Effect of administration de bonis non.
Section 33-11-3. - Claims payable at future day.
Section 33-11-4. - Manner of presentation of claims.
Section 33-11-5. - Time allowed for presenting claims — Late claims — Appeal.
Section 33-11-5.1. - Duty to notify known or reasonably ascertainable creditors.
Section 33-11-5.2. - Fiduciary’s affidavit regarding notice to creditors and OHHS.
Section 33-11-6. - Address of creditor filed — Notices.
Section 33-11-7. - Affidavit to support claim.
Section 33-11-8. - Determination of personal representative’s claim.
Section 33-11-10. - Bond to cover contingent claim.
Section 33-11-12. - Party against whom contingent claim enforced — Time of bringing action.
Section 33-11-13. - Pleadings in action on bond for contingent claim.
Section 33-11-14. - Disallowance of claim.
Section 33-11-15. - Petition for filing of late disallowance.
Section 33-11-16. - Probate court determination of disallowed claims against solvent estate.
Section 33-11-19. - Payment of claims allowed or proved.
Section 33-11-21. - Estate rendered insolvent by claims after allowance of account.
Section 33-11-22. - Estate rendered insolvent by late claims.
Section 33-11-23. - Disallowed claims against insolvent estates to be heard by probate court.
Section 33-11-24. - Hearings on insolvent estates.
Section 33-11-25 - — 33-11-27. Repealed.
Section 33-11-28. - Notice of hearings on insolvent estates.
Section 33-11-29. - Statements of contested claims against insolvent estate.
Section 33-11-31. - Power of probate court over witnesses.
Section 33-11-32. - Secured claims against insolvent estates.
Section 33-11-34. - Interest on claims against insolvent estate.
Section 33-11-35. - Offset of mutual claims.
Section 33-11-37. - Notice of disallowance by probate court.
Section 33-11-38 - — 33-11-41. Repealed.
Section 33-11-42. - Actions beyond probate court.
Section 33-11-43. - Superior court judgment — Costs.
Section 33-11-44. - Claims based on action commenced against decedent before death.
Section 33-11-45. - Claim barred by failure to prove or prosecute.
Section 33-11-46, 33-11-47. - Repealed.
Section 33-11-48. - Action on disallowed claim.
Section 33-11-49. - Actions barred within time for filing claims.
Section 33-11-50. - Limitation of actions by creditors of decedent.