Rhode Island § 33-11-5 § 33-11-5. Time allowed for presenting claims — Late claims — Appeal.

Rhode Island Statutes

§ 33-11-5 — § 33-11-5. Time allowed for presenting claims — Late claims — Appeal.

Rhode Island·Title 33 Probate practice and procedure·Ch. 33-11 Claims Against Decedentsâ€™ Estates

§ 33-11-5. Time allowed for presenting claims — Late claims — Appeal.
(a) Claims shall be presented within six (6) months from the first publication or be forever
            barred, subject to extensions granted pursuant to subsection 33-11-5(b).
         
(b) A creditor who, by reason of accident, mistake, excusable neglect or lack of adequate
            notice of decedent's estate, failed to present a claim within six (6) months from
            the first publication, may before distribution of the estate, petition the probate
            court for leave to present a claim out of time. For purposes of this section, notice
            of commencement of probate pursuant to

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§ 33-11-5. Time allowed for presenting claims — Late claims — Appeal.

(a) Claims shall be presented within six (6) months from the first publication or be forever barred, subject to extensions granted pursuant to subsection 33-11-5(b).

(b) A creditor who, by reason of accident, mistake, excusable neglect or lack of adequate notice of decedent's estate, failed to present a claim within six (6) months from the first publication, may before distribution of the estate, petition the probate court for leave to present a claim out of time. For purposes of this section, notice of commencement of probate pursuant to § 33-11-5.1 at least sixty (60) days before the expiration of the six (6) months claim period shall be deemed adequate. Upon hearing after notice to the decedent's personal representative, heirs and beneficiaries (if any), the probate court may in its discretion, grant leave to present the claim out of time upon such terms as the court prescribes. Any claim presented out of time, if allowed, shall be paid out of the assets remaining in the personal representative's hands when notice of the petition was received.

(c) There shall be no de novo appeal to the superior court from an order or decree of the probate court granting leave to present a claim out of time.

Rhode Island § 33-11-5 (§ 33-11-5. Time allowed for presenting claims — Late claims — Appeal.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

C.P.A. 1905, § 883; G.L. 1909, ch. 314, § 3; P.L. 1915, ch. 1260, § 3; P.L. 1920, ch. 1937, § 1; G.L. 1923, ch. 365, § 3; G.L. 1938, ch. 578, § 3; P.L. 1941, ch. 1003, § 2; P.L. 1951, ch. 2743, § 1; P.L. 1952, ch. 3023, § 1; G.L. 1956, § 33-11-5; P.L. 2008, ch. 307, § 2.