§ 33-11-5.1. Duty to notify known or reasonably ascertainable creditors.
(a) If the identity of a creditor of the decedent’s is known to or reasonably ascertainable by the personal representative, the personal representative shall, within a reasonable period of time after qualification, take such steps as are reasonably necessary to ensure that such creditor receives or has received notice of the commencement of the decedent’s estate. The sending of a notice in the form contained in subsection (b) by the personal representative to the creditor at his/her or its last known address, by first class mail, postage prepaid, shall be deemed a means, but not the exclusive means, of satisfying the requirements of this section. The personal representative is not liable to a creditor or to a successor personal representative of the decedent for giving or failing to give notice under this section.
(b) A personal representative shall be conclusively presumed to have complied with this section by sending a written notice in substantially the following form:
To: (Name of Creditor)
(last known address of creditor)
Notice is hereby given by (name of personal representative) that a probate estate has been commenced for (name of decedent) in the Probate Court of the (name of municipality, address of court) docket no. ___________ , said (name of fiduciary) having been qualified on (date of qualification).
A creditor must present a written statement of the claim indicating its basis, the amount claimed, the name and address of the claimant, and the name and address of the claimant’s attorney (if any) within six (6) months after qualification. Claims should be mailed to the personal representative or attorney named below and filed with the clerk of the probate court.
(c) In all cases where the decedent was fifty-five (55) years or older at the time of death, the personal representatives shall give notice as required by this section to the executive office of health and human services in accordance with § 40-8-15.
History of Section.P.L. 1996, ch. 110, § 6; P.L. 2008, ch. 307, § 2; P.L. 2009, ch. 310, § 12; P.L. 2013, ch. 186, § 1; P.L. 2013, ch. 236, § 1.
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.