§ 33-11-4. Manner of presentation of claims.
Claims against a decedent’s estate may be presented as follows:
(1) The claimant shall present a written statement of the claim with the clerk of the probate court indicating its basis, the amount claimed (if known), the name and address of the claimant, and the name and address of the claimant’s attorney (if any) and deliver or mail a copy thereof to the personal representative. The claim is deemed presented when filed with the probate court. The claimant has the burden of establishing proper and timely presentation of the claim. If the claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the condition or uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to accurately describe the due date of claim not yet due, the nature of any condition or uncertainty, or the security, does not invalidate the presentation made.
(2) No presentation of claim is required for matters already claimed in proceedings which were pending against the decedent at the time of his or her death. No personal representative shall be held to defend and no decedent’s estate shall be held liable for any claim pending against the decedent until the estate shall be joined as a party with notice to the probate court and the personal representative served.
History of Section.C.P.A. 1905, § 883; G.L. 1909, ch. 314, § 3; P.L. 1915, ch. 1260, § 3; P.L. 1920, ch. 1937, § 1; G.L. 1923, ch. 365, § 3; G.L. 1938, ch. 578, § 3; P.L. 1941, ch. 1003, § 2; P.L. 1951, ch. 2743, § 1; P.L. 1952, ch. 3023, § 1; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 33-11-4; P.L. 1996, ch. 110, § 5; P.L. 2008, ch. 307, § 2; P.L. 2011, ch. 363, § 6.
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.