§ 44-23-35. Statement required as to delivery of decedent’s property to other than administrator.
No person having in possession or under control of property forming a part of the estate of a resident decedent, as provided in this chapter, may deliver or transfer the property to any person other than the executor, administrator, or trustee of the decedent unless the person making delivery or transfer of the property immediately furnishes the tax administrator with a statement under oath describing the property delivered or transferred together with the name of the person to whom the property is delivered or transferred; provided, that any insurance company engaging in the business of writing contracts of insurance in the state notifies the tax administrator of the amount of any payment or payments made, or to be made to any person or persons under any insurance contract, as a result of the death of a Rhode Island resident, whenever the total amount of payment or payments made or to be made to the person or persons exceeds fifty thousand dollars ($50,000); and provided, that banks and other institutions having deposits standing in the joint names of two (2) or more persons, or standing in the joint names of two (2) or more persons and payable to either or the survivor or survivors, are not required to furnish the statement with respect to deposits of one thousand dollars ($1,000) or less. In the case of deposits of over one thousand dollars ($1,000), the bank or other institution, having knowledge of the decease of one of the persons in whose names the deposit stands, or upon request of the tax administrator, shall, in lieu of the statement furnish a certificate showing the amount of each deposit together with the names of the persons in whose names the deposit stands. Any person who makes delivery or transfer without furnishing a statement is liable for the amount of any tax which may be assessed on account of the transfer of the property, together with its interest, to be collected in an action brought in the name of the tax administrator.
History of Section.G.L. 1923, ch. 39, §§ 25, 26; P.L. 1926, ch. 810, § 1; P.L. 1929, ch. 1355, § 1; G.L. 1938, ch. 43, §§ 25, 26; P.L. 1939, ch. 664, § 1; G.L. 1956, § 44-23-35; P.L. 1960, ch. 218, § 4; P.L. 1962, ch. 34, § 1; P.L. 1978, ch. 170, § 2; P.L. 1995, ch. 379, § 1.
Structure Rhode Island General Laws
Chapter 44-23 - Estate and Transfer Taxes — Enforcement and Collection
Section 44-23-1. - Statements filed by executors, administrators and heirs-at-law.
Section 44-23-2. - Statements filed by trustees.
Section 44-23-3. - Extension of time for filing of statement.
Section 44-23-4. - Declarations under penalties of perjury.
Section 44-23-5. - Appraisal of estate.
Section 44-23-6. - Notice by probate clerk of grant of letters on estate.
Section 44-23-7. - Fees of probate clerk.
Section 44-23-8. - Estates where no will has been offered or letters granted.
Section 44-23-9. - Assessment and notice of estate tax — Collection powers — Lien.
Section 44-23-9.1. - Hearing by tax administrator on application.
Section 44-23-10. - Deposit with tax administrator to cover taxes.
Section 44-23-11. - Tentative assessment.
Section 44-23-12. - Recording of lien against real estate — Discharge.
Section 44-23-13. - Assessment and notice of transfer tax — Collection powers — Lien on property.
Section 44-23-14. - Discharge of lien on real estate — Liability of heir or devisee.
Section 44-23-15. - Taxes as debt to state.
Section 44-23-16. - Time taxes due — Interest and additions to tax on delinquent payments.
Section 44-23-16.1. - Interest on overpayments.
Section 44-23-17. - Suspension of tax payment pending claim against estate.
Section 44-23-18. - Extension of time for payment of additional estate tax.
Section 44-23-19 - — 44-23-22. Repealed.
Section 44-23-23. - Sale of property to pay tax.
Section 44-23-24. - Refusal to furnish information or obey subpoena.
Section 44-23-25. - Settlement of taxes due.
Section 44-23-26. - Adjustment of clerical or palpable errors.
Section 44-23-27. - Conflict of laws as to domicile — Definition of terms.
Section 44-23-28. - Election to invoke remedy as to conflict of laws.
Section 44-23-30. - Interstate arbitration as to domicile.
Section 44-23-31. - Interest on tax pending arbitration of domicile.
Section 44-23-32. - Reciprocal laws required.
Section 44-23-34. - Permit required for transfer of securities of resident decedent.
Section 44-23-36. - Payment of tax as prerequisite for allowance of final account.
Section 44-23-37. - Applicability of enforcement provisions.
Section 44-23-38. - Termination of lien.
Section 44-23-39. - Proof of payment of domiciliary tax by administrator of nonresident.
Section 44-23-40. - Information furnished to foreign tax officials.
Section 44-23-41. - Accounting on petition by foreign tax official.
Section 44-23-42. - Noncompliance by administrator of nonresident — “State” defined.
Section 44-23-44. - Exercise of statutory power.
Section 44-23-45. - Liberal construction — Incidental powers.