§ 33-7-5. Duty of person in possession of will to deliver into court.
(a) Every person, other than a probate clerk, who has custody of a will shall, within thirty (30) days after notice of the death of the testator, deliver the will into the probate court which has jurisdiction of the probate thereof, or to the executors named in the will, who shall themselves deliver it into court within thirty (30) days after they receive the will; and if any executor or other person neglects, without reasonable cause, to deliver a will, after being duly cited for that purpose by the court, he or she may be adjudged to be in contempt and may be committed therefor to the adult correctional institutions and shall remain there until he or she delivers the will to the court; and he or she shall be further liable, to any party aggrieved, for the damage sustained by reason of the neglect.
(b) Provided further, that a fiduciary nominated in a will may deliver such will to the probate court with an affidavit containing the following information, representations, and documentation:
(1) The date of death of the decedent accompanied by a certified copy of the decedent’s death certificate;
(2) A representative that the funeral bill of the decedent has been paid, accompanied by a receipt therefor;
(3) The names and addresses of the heirs-at-law of the decedent at the decedent’s date of death; and
(4) A representation that the affiant has received no notice of the issuance of letters testamentary or letters of administration regarding the estate of the decedent, and that there are no assets of the decedent subject to probate. Upon receipt of such will and affidavit the probate clerk, upon being paid a fee of thirty dollars ($30.00), shall receive and keep the will and accompanying affidavit and shall give a receipt of the deposit thereof.
History of Section.C.P.A. 1905, § 785; G.L. 1909, ch. 310, § 5; G.L. 1923, ch. 361, § 5; G.L. 1938, ch. 572, § 5; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 33-7-5; P.L. 1998, ch. 448, § 3; P.L. 2011, ch. 363, § 5.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-7 - Custody and Probate of Wills
Section 33-7-1 - — 33-7-4. Repealed.
Section 33-7-5. - Duty of person in possession of will to deliver into court.
Section 33-7-6. - Investigation of alleged concealment of will.
Section 33-7-7. - Penalty for theft, destruction, or concealment of will.
Section 33-7-8. - Proof of will of nonresident.
Section 33-7-9. - Notice to executors of petition for probate.
Section 33-7-10. - Proof of wills when subscribing witnesses unavailable.
Section 33-7-11. - Provisions of § 33-7-10 supplemental.
Section 33-7-12. - Compromise of controversies pending probate.
Section 33-7-13. - Action to confirm compromise.
Section 33-7-14. - Representation of parties under disability.
Section 33-7-15. - Representation of contingent interests and charitable gifts.
Section 33-7-16. - Decree confirming compromise.
Section 33-7-17. - Certification of decree and compromise.
Section 33-7-18. - Request to record foreign probated will.
Section 33-7-19. - Notice of offer of foreign will.
Section 33-7-20. - Order approving foreign will — Effect on real estate titles.
Section 33-7-21. - Effect of recording of foreign will — Granting of letters.
Section 33-7-22. - Proof of foreign will not required to be probated in domicile.
Section 33-7-23. - Probate conclusive as to execution.