Rhode Island General Laws

R.I. Gen. Laws § 33-18-26 (2026)

Action by foreign executor or administrator — Prerequisites

✓ current as of July 2026
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If a corporation refuses to permit a transfer as provided in § 33-18-24 or a person indebted refuses to pay, or having possession refuses to deliver personal property as permitted in § 33-18-25, the executor or administrator, if there is no executor or administrator appointed in this state, upon application to the probate court of any town in this state in which any real estate of the decedent is located, or, if there is no real estate in this state, in which any personal property of the decedent is situated, or in which any debtor resides, or in which any corporation the decedent owned shares of stock or registered bonds is located, may be authorized by the court to transfer the shares and bonds or to take possession of the personal property and collect the debts, and the executor or administrator may demand, sue for, and recover the property or debts; provided, that no foreign executor or administrator shall be authorized to make any transfer or take possession of personal property under the provisions of this section until he or she shall have filed in the court a copy of the will, if any, and of his or her appointment, authenticated as provided in this chapter, nor until six (6) months after his or her appointment, nor until he or she shall have given bond to the probate court appointing him or her, unless sufficient bond has been given, nor until he or she shall have advertised notice of his or her application in this state at least once each week for two (2) successive weeks in some newspaper, as directed by the probate court; and provided, further, that no authority to transfer or take possession shall be granted, if any creditor of the deceased person or ward shall show to the probate court valid objections to the transfer or possession, supported by a sworn statement of his or her claim or demand and that the same is justly due.

Notes of Decisions
Cited in 1 case, 1960–1960 · leading case: Fitch v. Firestone, 184 F. Supp. 424 (D.R.I. 1960).
Fitch v. Firestone, 184 F. Supp. 424 (D.R.I. 1960). · cites it 2× “It is well settled that a personal representative of a deceased person cannot maintain an action in his official capacity in a state other than that wherein he was appointed, except in circumstances where express permission is granted by statute.”
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.