§ 33-24-2. Administration of small estates where executor named in will — Voluntary executors.
(a) If a resident of Rhode Island dies leaving an estate that would otherwise be subject
to being listed on a probate inventory pursuant to § 33-9-1, consisting entirely of personal property, the total value, exclusive of tangible
personal property of which the decedent was owner, does not exceed fifteen thousand
dollars ($15,000) in value, and he or she leaves a will naming a person as executor,
the named person, if of full age and legal capacity, may, (or, if the named person
declines or is unable to serve, then any person named as alternate, or, if such alternate
declines or is unable to serve, then the surviving spouse, child, grandchild, parent,
brother, sister, niece, nephew, aunt or uncle, or any interested party, if of full
age and legal capacity and a resident of this state), after the expiration of thirty
(30) days from the death of the decedent, provided no petition for letters testamentary
or letters of administration has been filed with the probate court of the city or
town in which the decedent resided, file with said probate court upon a form prescribed
by the court a statement, verified by oath or affirmation containing:
(1) The name and residential address of the affiant,
(2) The name, residence and date of death of the deceased,
(3) The relationship of the affiant to the deceased,
(4) A schedule showing every asset known to the affiant titled solely in the decedent's
name and all assets known or believed to be titled in the decedent's name as of the
decedent's date of death and the estimated value of each such asset,
(5) A statement that the affiant has undertaken to act as voluntary administrator of the
estate of the deceased and will administer the same according to law, and apply the
proceeds thereof in conformity with this section,
(6) The names and addresses known to the affiant of the persons who would take under the
provisions of Rhode Island general laws § 33-1-10 in the case of intestacy, and
(7) The names and addresses known to the affiant of the persons who would take under the
provisions of the will.
(b) The original of the will shall be filed with the above statement and if the executor
resides outside the state he or she shall appoint a resident agent to represent him
or her in the state.
(c) Upon presentation of such statement, accompanied by a certificate of the death of
the deceased and payment of a fee of thirty dollars ($30.00), the clerk of the probate
court shall file these documents as a part of the permanent record of the court. Upon
the payment of five dollars ($5.00), the clerk of the probate court shall, if no other
probate proceeding for administration of such estate is pending in said court, issue
a certification of appointment of executor, but only after such certification has
been reviewed by the judge of the probate court. No hearing in the probate court shall
be required as a condition for the issuance of the certification by the clerk of the
probate court; provided, however, that the probate judge may require a hearing to
take place in order to determine whether such certification should issue.
(d) Upon the presentation of a copy of such a certification of appointment by the clerk
of the probate court, the tender of a proper receipt in writing and the surrender
of any policy, passbook, note, certificate or other evidentiary instrument, a voluntary
executor may, as the legal representative of the deceased and his or her estate, receive
payment of any debt or obligation in the nature of a debt, or delivery of any chattel
or asset, scheduled in such statement. Payments and deliveries made under this section
shall discharge the liability of the debtor, obligor or deliverer to all persons with
respect to such debt, chattel, obligation or other asset unless, at the time of such
payment or delivery, a written demand has been made upon such debtor, obligor or deliverer
by a duly appointed executor or administrator.
(e) A voluntary executor may sell any chattel so received and negotiate or assign any
choice in action to convert the same to cash in a reasonable amount.
(f) A voluntary executor shall, as far as possible out of the assets which come into his
or her hands, first discharge the necessary expenses of the funeral and last sickness
of the deceased and the necessary expenses of administration without fee for his or
her services, and then pay the debts of the deceased in the order specified in Rhode Island general laws § 33-12-11 and any other debts of the estate, and then distribute the balance, if any, according
to the terms of the will, and should that prove impossible, the balance to the surviving
spouse, or, if there is no surviving spouse, to the persons and in the proportions
prescribed by § 33-1-10.
(g) A voluntary executor shall be liable as an executor in his or her own wrong to all
persons aggrieved by his or her administration of the estate, and, if letters testamentary
or letters of administration are at any time granted, shall be liable as such an executor
to the rightful executor or administrator.