§ 33-8-4. Grant of letters or administration on incompetence or failure of named executor to qualify.
If a person named as executor in a will has deceased, or is incompetent, or refuses to accept the trust, or neglects to qualify for thirty (30) days after the probate of a will, or within thirty (30) days after notice of probate, as provided in § 33-7-9, the court shall grant letters testamentary to the other executors, if any are named in the will, who are competent and qualify; otherwise the court upon petition therefor shall grant administration on the estate with the will annexed to some suitable person.
History of Section.C.P.A. 1905, § 819; G.L. 1909, ch. 312, § 5; G.L. 1923, ch. 363, § 5; G.L. 1938, ch. 575, § 3; G.L. 1956, § 33-8-4.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-8 - Appointment and Qualification of Executors and Administrators
Section 33-8-1. - Grant of letters to executor named in will.
Section 33-8-2. - Minority of named executor.
Section 33-8-3. - Neglect to present will for probate.
Section 33-8-5. - Powers of surviving and qualifying joint executors — Filling of vacancies.
Section 33-8-6. - Executor of executor.
Section 33-8-7. - Residence of administrator.
Section 33-8-8. - Administration of intestate estate.
Section 33-8-9. - Administration of partially intestate estate.