§ 34-5-6. Filing and service of disclaimer.
(a) The original of the disclaimer or an attested copy of the disclaimer, if filing is
required to be made with more than one office, shall be filed:
(1) In the case of personal property, in the office of the clerk of probate court that
had jurisdiction of the estate of the decedent at the time of his or her death, if
the interest was created by will, or if the interest was created by an inter vivos
instrument in the office of the clerk of the superior court for the county of which
the donor or grantor was a resident at the time of the creation of the grant or tr
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§ 34-5-6. Filing and service of disclaimer.
(a) The original of the disclaimer or an attested copy of the disclaimer, if filing is
required to be made with more than one office, shall be filed:
(1) In the case of personal property, in the office of the clerk of probate court that
had jurisdiction of the estate of the decedent at the time of his or her death, if
the interest was created by will, or if the interest was created by an inter vivos
instrument in the office of the clerk of the superior court for the county of which
the donor or grantor was a resident at the time of the creation of the grant or trust
or if the donor or grantor was not a resident of Rhode Island in the office of the
clerk of the Superior Court for Providence County.
(2) In the case of real estate, in the office of the person having charge of the recording
of deeds in the city or town in which the real estate is situated; and if probate
proceedings have been commenced in the estate of the decedent prior to the filing,
this disclaimer shall also be filed in the office of the clerk of the probate court
in which these proceedings are instituted.
(b) A copy of the disclaimer shall be served by delivering in hand or by mailing by certified
mail to the last known address of the person or persons or other legal entity or entities
having legal title to or possession of the property, an interest in which is being
disclaimed. Failure to comply with these requirements of service shall not affect
the validity of the disclaimer.