Claims against a decedent’s estate may be presented as follows:
(1) The claimant shall present a written statement of the claim with the clerk of the
probate court indicating its basis, the amount claimed (if known), the name and address
of the claimant, and the name and address of the claimant’s attorney (if any) and
deliver or mail a copy thereof to the personal representative. The claim is deemed
presented when filed with the probate court. The claimant has the burden of establishing
proper and timely presentation of the claim. If the claim is not yet due, the date
when it will become due shall be stated. If the claim is contingent or unliquidated,
the nature of the condition or uncertainty shall be stated. If the claim is secured,
the security shall be described. Failure to accurately describe the due date of claim
not yet due, the nature of any condition or uncertainty, or the security, does not
invalidate the presentation made.
(2) No presentation of claim is required for matters already claimed in proceedings which
were pending against the decedent at the time of his or her death. No personal representative
shall be held to defend and no decedent’s estate shall be held liable for any claim
pending against the decedent until the estate shall be joined as a party with notice
to the probate court and the personal representative served.
Notes of Decisions
In Re Est. of Santoro, 572 A.2d 298 (R.I. 1990).
· cites it 8× “1956 (1984 Reenactment) §§ 33-11-4 and 33-11-5 deprived it of property without due process of law by closing the estate without actual notice of the proceedings.”
Heflin v. Koszela, 774 A.2d 25 (R.I. 2001).
“The executrix asserted that §§ 33-11-4 and 33-11-5 acted as a bar to the petition.”
Cox v. Amend, 198 A.2d 48 (R.I. 1964).
· cites it 12× “1956, §33-11-4, a statement thereof must be filed in the office of the clerk of the probate court and that, when not so filed within the time period specified therefor, it is barred ;by the provisions of §33-11-5.”
Allsworth v. Scully, 250 A.2d 369 (R.I. 1960).
“General Laws 1956, §§33-11-4 and 33-11-5. We held that since the purpose of the statutorily required notice was to apprise the executor or adminis *187 trator of the extent and nature of outstanding claims against the estate, where the funeral arrangements were made by the…”
Fitch v. Firestone, 184 F. Supp. 424 (D.R.I. 1960).
“(1956), § 33-11-4. All such claims must be filed within six months from the date of first publication of the statutory notice of the appointment and qualification of the executor.”
Holt v. Sullivan, 187 A.2d 533 (R.I. 1963).
· cites it 3× “1956, §33-11-4. The cause was heard by a superior court justice wlm found, inter alia, that the claim should have been examined by the commissioner as validly filed and entered a final decree in accordance therewith.”
Mulry v. Indus. Nat'l Bank, 247 A.2d 847 (R.I. 1968).
“There is no dispute about the procedure followed by plaintiff in pursuing her claim in the probate and superior courts. The defendant admits that if the plaintiff has any ground for relief such relief can be granted in the superior court because this is the only court available…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.