§ 33-3-5. Warrants to commissioners.
The court shall issue its warrants to the commissioners, which shall be in substance as follows:
THE STATE OF RHODE ISLAND.
Greeting:
Whereas the probate court of the town of .............. at its session on the .............. day of .............. did pass the following decree, to wit: [Here insert a copy of the decree.]
You are therefore hereby authorized, after being engaged to the faithful discharge of the trust reposed in you, to appraise all the real estate described and referred to in the decree, each parcel by itself, at the present value thereof in money, and, after having made such appraisement, to divide the real estate among the parties named in the decree in the proportions set forth therein. You are to let all persons named in the decree have notice when you proceed to make such appraisement and division, and, having completed the same, you are to make return of this warrant, with your doings thereon, unto this probate court as soon as may be. Signed for and in behalf of the probate court on this .......... day of .........
History of Section.C.P.A. 1905, § 945; G.L. 1909, ch. 316, § 13; G.L. 1923, ch. 367, § 13; G.L. 1938, ch. 567, § 13; G.L. 1956, § 33-3-5.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-3 - Division of Real Estate
Section 33-3-1. - Power of probate court — Application for division.
Section 33-3-2. - Time of proceeding — Notice.
Section 33-3-3. - Decree determining parties entitled — Appointment of commissioners.
Section 33-3-4. - Directions as to advancements.
Section 33-3-5. - Warrants to commissioners.
Section 33-3-6. - Division of property by commissioners.
Section 33-3-7. - Assignment of shares by lot or agreement.
Section 33-3-8. - Commissioners’ report.
Section 33-3-9. - Representation of infants and persons non compos mentis.
Section 33-3-10. - Real estate not disposed of by will.
Section 33-3-11. - Division of real estate devised in common.
Section 33-3-12. - Division of remainder in property.
Section 33-3-13. - Payment of expenses of division on appeal to superior court.