§ 33-22-31. Form of order and decree.
(a) Every decision of a probate court shall be reduced to a written order or decree, promptly
executed by the probate judge, entered and filed in a timely fashion by the probate
clerk. No party can rely upon any action, inaction or instructions of the probate
court nor take an appeal from any decision of the probate court that has not been
reduced to a written order or decree duly executed by the probate judge.
(b) If a form of order or decree is not available for execution by the probate judge at
the time of hearing, the court shall require the prevailing party to subm
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§ 33-22-31. Form of order and decree.
(a) Every decision of a probate court shall be reduced to a written order or decree, promptly
executed by the probate judge, entered and filed in a timely fashion by the probate
clerk. No party can rely upon any action, inaction or instructions of the probate
court nor take an appeal from any decision of the probate court that has not been
reduced to a written order or decree duly executed by the probate judge.
(b) If a form of order or decree is not available for execution by the probate judge at
the time of hearing, the court shall require the prevailing party to submit a proposed
form of order or decree by regular mail to all parties who have entered an appearance
in the matter. Absent written objection setting forth the reason for such objections
by any such party within seven (7) days after mailing, the prevailing party shall
file the original thereof with the probate court. Such order or decree shall contain
a certificate that notice has been given pursuant to this subsection.
(c) For all purposes, the effective date of an order or decree is the date executed by
the probate judge and not the date of hearing.