§ 8-9-18. Judicial aid in taking possession of property of estates.
If any person has or is suspected of having under his or her control any property or documents belonging to the estate of a deceased person or person under guardianship, or any thing which may tend to disclose the condition of the estate, and on demand therefor by the executor, administrator, guardian, conservator, or custodian refuses to deliver them to him or her without legal justification for the refusal; or if the person claims to have a lien thereon and refuses to disclose the amount and particulars of his or her claim; or if any person is suspected of having concealed, embezzled, or conveyed away any of the personal estate of the deceased person or ward, the probate court may, upon the written application of the executor, administrator, guardian, conservator, or custodian or any other party in interest, cite the person to appear before the court, and may examine him or her on oath concerning the matters complained of; and if he or she refuses to appear or to answer the interrogatories put to him or her by the court, it may adjudge him or her in contempt and may commit him or her therefor to the adult correctional institutions until he or she shall submit to the order of the court or be legally discharged. The person so examined shall not be excused from answering any question on the ground that his or her answer will tend to criminate him or her, but his or her answer shall not be used as evidence against him or her in any criminal prosecution except for perjury.
History of Section.C.P.A. 1905, § 730; G.L. 1909, ch. 307, § 10; G.L. 1923, ch. 358, § 10; G.L. 1938, ch. 569, § 10; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 8-9-18.
Structure Rhode Island General Laws
Title 8 - Courts and Civil Procedure – Courts
Section 8-9-1, 8-9-2. - Repealed.
Section 8-9-2.1. - Probate judges — Qualifications.
Section 8-9-2.2. - New Shoreham town council as probate court.
Section 8-9-2.3. - Probate judge in town where council sits as probate court.
Section 8-9-3. - Providence probate court.
Section 8-9-4. - Election and powers of probate judge.
Section 8-9-5. - Disqualification or inability of probate judge.
Section 8-9-6. - Town or city clerk as clerk of court.
Section 8-9-7. - Duties of probate clerk.
Section 8-9-8. - Clerk pro tempore in absence of probate clerk.
Section 8-9-9. - General probate jurisdiction.
Section 8-9-10. - Appointment and supervision of temporary custodians of decedents’ estates.
Section 8-9-11. - Power to take probate and grant administration of decedents’ estates.
Section 8-9-12. - Payment of legacies.
Section 8-9-13. - Revocation or modification of warrants and commissions.
Section 8-9-14. - Revocation or modification of orders or decrees.
Section 8-9-15. - Annulment of probate of will.
Section 8-9-16. - Confirmation of prior acts and proceedings.
Section 8-9-17. - Power to summon and receive evidence.
Section 8-9-17.1. - Subpoenas issued by other officials.
Section 8-9-18. - Judicial aid in taking possession of property of estates.
Section 8-9-19. - Expense of commitment for failure to deliver property of estate.
Section 8-9-20. - Right to counsel of person suspected of withholding property.
Section 8-9-21. - Contempt of court — Habeas corpus.