§ 8-9-9. General probate jurisdiction.
Every probate court shall have jurisdiction in the town or city in which it is established of the probate of wills; the granting of administration, the appointment of custodians, of administrators, of guardians of persons and estates, or of persons only or of estates only, and of conservators; the accepting and allowing of bonds, inventories, and accounts of executors, administrators, and guardians; the granting of leave to sell at public or private sale, or to mortgage property, as hereinafter provided; of the making of partition of the real estate of deceased persons; of the adoption of persons eighteen (18) years of age or older; of change of names of persons; of the removal or filling of a vacancy of a trustee of any trust established under a will, or the termination of such trust; of setting off and allowing real estate and personal property to widows and surviving husbands; and of all other matters now within the jurisdiction of probate courts. The court shall have power to accept the resignation of, or to remove, any custodian, executor, administrator, or guardian, or any other person appointed by the court, and also power to do and transact all matters and things incidental to the jurisdiction and powers vested in probate courts by law. Every probate court shall have the power to follow the course of equity insofar as necessary to fulfill the mandates of title 33 of the General Laws, specifically: the replacement, removal, or filling of any vacancy of any trustee under a trust established under a will; or tax minimization or estate planning under § 33-15-37.1. The jurisdiction assumed in any case by the court, so far as it depends on the place of residence of a person, shall not be contested in any suit or proceedings except in the original case or on appeal therein or when the want of jurisdiction appears on the record.
History of Section.C.P.A. 1905, § 721; G.L. 1909, ch. 307, § 1; P.L. 1919, ch. 1787, § 1; G.L. 1923, ch. 358, § 1; G.L. 1938, ch. 569, § 1; impl. am. P.L. 1944, ch. 1441, § 36; G.L. 1956, § 8-9-9; P.L. 1996, ch. 110, § 3.
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 - Repealed.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.