(a) Any person aggrieved by an order or decree of a probate court (hereinafter “appellant”),
may, unless provisions be made to the contrary, appeal to the superior court for the
county in which the probate court is established by taking the following procedure:
(1) Within twenty (20) days after execution of the order or decree by the probate judge,
the appellant shall file, in the office of the clerk of the probate court, a claim
of appeal to the superior court and a request for a certified copy of the claim and
shall pay the clerk his or her fees therefor.
(2) Within thirty (30) days after the entry of the order or decree, the appellant shall
file, in the superior court, a certified copy of the claim and the reasons of appeal
specifically stated, to which reasons the appellant shall be restricted, unless, for
cause shown, and with or without terms, the superior court shall allow amendments
and additions thereto.
(3) The appellant shall file with the probate clerk an affidavit in proof of the filing
and docketing of the probate appeal pursuant to the time deadlines set forth in subdivision
(a)(2).
(b) An appeal under this chapter is not an appeal on error but is to be heard de novo
in the superior court. The record of proceedings, including the certified documents
and the transcript (if any) from the probate proceedings, may be introduced in the
superior court without further authentication. The findings of fact and/or decisions
of the probate court may be given as much weight and deference as the superior court
deems appropriate, however, the superior court shall not be bound by any such findings
or decisions. Nothing herein shall preclude a witness who testified at the probate
court proceeding from testifying at the superior court hearing, however, the transcript
of such probate court testimony may be used for any evidentiary purpose, consistent
with the Rhode Island rules of evidence.
(c) The deadline of subdivisions (a)(1) and (a)(2) are jurisdictional and may not be extended
by either the probate court or the superior court.
(d) Nothing in this chapter shall preclude interested parties in a probate proceeding
from stipulating to a probate appeal from the probate court to the superior court
and, toward that end, to build a record by agreed statement of facts and otherwise;
to fashion on a form of order or decree to preserve or frame issues as the parties
desire; and to preserve the status quo ante pending appeal through custodianship of
assets or otherwise. Such a stipulated probate appeal shall be governed by, and be
subject to, the procedural requirements of this chapter.
(e) The executor, administrator, guardian, or other fiduciary, pending a probate appeal,
shall annually, or more often as requested by the probate court, file a written report
of the status of the appeal.
(f) The filing fees payable to the superior court clerk for reasons of appeal in a probate
appeal shall be the same as those established from time to time for the filing of
a complaint in a civil action.
Notes of Decisions
Cited in
47
cases (
2 in the last 5 years), 1963–2024 · leading case:
Mendes v. Factor, 41 A.3d 994 (R.I. 2012).
Mendes v. Factor, 41 A.3d 994 (R.I. 2012).
· cites it 11× “2 Reasons for Appeal The plaintiffs also argue that the claim of appeal was perfected pursuant to § 33-23-1 (a)(2), which requires the “reasons of appeal” to be “specifically stated” and filed in the Superior Court within thirty days after the entry of the Probate Court order…”
Joyce Duffy v. Est. of Bartolomie Scire, 111 A.3d 358 (R.I. 2015).
· cites it 38× “Although I agree with the majority’s analysis and holding regarding G.L. 1956 § 33-23-1, I disagree with that portion of its opinion pertaining to G.”
Kelley v. Jepson, 811 A.2d 119 (R.I. 2002).
· cites it 12× “The relevant subsections of G.L.1956 § 33-23-1 (a) provide: "(1) Within twenty (20) days after execution of the order or decree by the probate judge, the appellant shall file in the office of the clerk of the probate court a claim of appeal to the superior court and a request…”
Griggs v. Est. of Griggs, 845 A.2d 1006 (R.I. 2004).
· cites it 8× “II § 33-23-1 The first issue we encounter is whether petitioners’ appeal properly was before the Superior Court.”
IMS v. Audette, 40 A.3d 236 (R.I. 2012).
· cites it 9× “The defendant appealed to this Court 4 and presented three arguments for our review: (1) that his appeal from the Probate Court adequately was perfected because of his good-faith efforts to comply with § 33-23-1, and because his lack of financial resources hindered his…”
Lett v. Giuliano, 35 A.3d 870 (R.I. 2012).
· cites it 6× “The defendant contended that plaintiff had failed to transmit to the Superior Court one transcript from the Probate Court proceedings and that, consequently, plaintiff had failed to transmit the record in compliance with G.L.1956 § 33-23-1. The trial justice denied defendant’s…”
Lind v. McSoley, 419 A.2d 247 (R.I. 1980).
· cites it 15× “1956 (1969 Reenactment) § 33-23-1. 1 Lind had appealed to the Superior Court from an order of the Warwick Probate Court which allowed a first and final account of the estate of Georgianna J.”
In Re Est. of Paroda, 845 A.2d 1012 (R.I. 2004).
· cites it 5× “” 1 Kusnierz objected to this order in Probate Court and filed a claim of appeal to the Superior Court on August 2, 1999, together with her reasons of appeal, in accordance with G.L.1956 § 33-23-1. She later moved to amend her reasons of appeal, which motion was granted by rule…”
Dauray v. Mee, 109 A.3d 832 (R.I. 2015).
· cites it 4× “The parties, and the Superior Court, incorrectly referred to the statute as G.L.1956 § 33-23-1(2). . Timothy had two children from a prior marriage.”
Est. of Hart v. LeBlanc, 853 A.2d 1217 (R.I. 2004).
· cites it 4× “Relying on § 33-23-1, respondent filed a motion to dismiss on January 10, 2003, citing petitioner’s failure to submit the transcript of the Probate Court proceedings to the Superior Court within thirty days of the execution of the order.”
In Re Est. of Speight, 739 A.2d 229 (R.I. 1999).
· cites it 4× “Under Rhode Island law, an aggrieved party may appeal a Probate Court decree to the Superior Court pursuant to G.L.1966 § 33-23-1. The Superior Court may, upon appeal, “affirm or reverse, in whole or in part, any order or decree of a probate court, and may enter such decrees as…”
— R.I. Gen. Laws § 33-23-1(1) — 2 cases
In Re Est. of Speight, 739 A.2d 229 (R.I. 1999).
“Under Rhode Island law, an aggrieved party may appeal a Probate Court decree to the Superior Court pursuant to G.L.1966 § 33-23-1. The Superior Court may, upon appeal, “affirm or reverse, in whole or in part, any order or decree of a probate court, and may enter such decrees as…”
— R.I. Gen. Laws § 33-23-1(2) — 2 cases
Dauray v. Mee, 109 A.3d 832 (R.I. 2015).
“The parties, and the Superior Court, incorrectly referred to the statute as G.L.1956 § 33-23-1(2). . Timothy had two children from a prior marriage.”
— R.I. Gen. Laws § 33-23-1(a) — 3 cases
Mendes v. Factor, 41 A.3d 994 (R.I. 2012).
“2 Reasons for Appeal The plaintiffs also argue that the claim of appeal was perfected pursuant to § 33-23-1 (a)(2), which requires the “reasons of appeal” to be “specifically stated” and filed in the Superior Court within thirty days after the entry of the Probate Court order…”
Joyce Duffy v. Est. of Bartolomie Scire, 111 A.3d 358 (R.I. 2015).
“Although I agree with the majority’s analysis and holding regarding G.L. 1956 § 33-23-1, I disagree with that portion of its opinion pertaining to G.”
IMS v. Audette, 40 A.3d 236 (R.I. 2012).
“The defendant appealed to this Court 4 and presented three arguments for our review: (1) that his appeal from the Probate Court adequately was perfected because of his good-faith efforts to comply with § 33-23-1, and because his lack of financial resources hindered his…”
— R.I. Gen. Laws § 33-23-1(a)(1) — 3 cases
— R.I. Gen. Laws § 33-23-1(a)(2) — 8 cases
Mendes v. Factor, 41 A.3d 994 (R.I. 2012).
“2 Reasons for Appeal The plaintiffs also argue that the claim of appeal was perfected pursuant to § 33-23-1 (a)(2), which requires the “reasons of appeal” to be “specifically stated” and filed in the Superior Court within thirty days after the entry of the Probate Court order…”
Dauray v. Mee, 109 A.3d 832 (R.I. 2015).
“The parties, and the Superior Court, incorrectly referred to the statute as G.L.1956 § 33-23-1(2). . Timothy had two children from a prior marriage.”
Kelley v. Jepson, 811 A.2d 119 (R.I. 2002).
“The relevant subsections of G.L.1956 § 33-23-1 (a) provide: "(1) Within twenty (20) days after execution of the order or decree by the probate judge, the appellant shall file in the office of the clerk of the probate court a claim of appeal to the superior court and a request…”
Joyce Duffy v. Est. of Bartolomie Scire, 111 A.3d 358 (R.I. 2015).
“Although I agree with the majority’s analysis and holding regarding G.L. 1956 § 33-23-1, I disagree with that portion of its opinion pertaining to G.”
— R.I. Gen. Laws § 33-23-1(b) — 6 cases
Griggs v. Est. of Griggs, 845 A.2d 1006 (R.I. 2004).
“II § 33-23-1 The first issue we encounter is whether petitioners’ appeal properly was before the Superior Court.”
Lett v. Giuliano, 35 A.3d 870 (R.I. 2012).
“The defendant contended that plaintiff had failed to transmit to the Superior Court one transcript from the Probate Court proceedings and that, consequently, plaintiff had failed to transmit the record in compliance with G.L.1956 § 33-23-1. The trial justice denied defendant’s…”
Joyce Duffy v. Est. of Bartolomie Scire, 111 A.3d 358 (R.I. 2015).
“Although I agree with the majority’s analysis and holding regarding G.L. 1956 § 33-23-1, I disagree with that portion of its opinion pertaining to G.”
— R.I. Gen. Laws § 33-23-1(c) — 2 cases
Joyce Duffy v. Est. of Bartolomie Scire, 111 A.3d 358 (R.I. 2015).
“Although I agree with the majority’s analysis and holding regarding G.L. 1956 § 33-23-1, I disagree with that portion of its opinion pertaining to G.”
— R.I. Gen. Laws § 33-23-1(d) — 1 case
In Re Est. of Paroda, 845 A.2d 1012 (R.I. 2004).
“” 1 Kusnierz objected to this order in Probate Court and filed a claim of appeal to the Superior Court on August 2, 1999, together with her reasons of appeal, in accordance with G.L.1956 § 33-23-1. She later moved to amend her reasons of appeal, which motion was granted by rule…”
— R.I. Gen. Laws § 33-23-1(e) — 2 cases
Joyce Duffy v. Est. of Bartolomie Scire, 111 A.3d 358 (R.I. 2015).
“Although I agree with the majority’s analysis and holding regarding G.L. 1956 § 33-23-1, I disagree with that portion of its opinion pertaining to G.”
IMS v. Audette, 40 A.3d 236 (R.I. 2012).
“The defendant appealed to this Court 4 and presented three arguments for our review: (1) that his appeal from the Probate Court adequately was perfected because of his good-faith efforts to comply with § 33-23-1, and because his lack of financial resources hindered his…”
— R.I. Gen. Laws § 33-23-1(f) — 1 case
Mendes v. Factor, 41 A.3d 994 (R.I. 2012).
“2 Reasons for Appeal The plaintiffs also argue that the claim of appeal was perfected pursuant to § 33-23-1 (a)(2), which requires the “reasons of appeal” to be “specifically stated” and filed in the Superior Court within thirty days after the entry of the Probate Court order…”
— R.I. Gen. Laws § 33-23-1(i) — 1 case
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.