Rhode Island General Laws
R.I. Gen. Laws § 33-3-1 (2026)
Power of probate court — Application for division
✓ current as of July 2026
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After payment of the debts, charges, and expenses of settling the estate of any person dying intestate, the probate court which granted administration on the estate may divide the real estate of which such intestate died seised, among the parties entitled thereto, in the proportion by law prescribed, whenever application in writing shall be made to it for such purpose by all the parties setting forth and particularly describing each parcel of the real estate.
Notes of Decisions
Cited in 2
cases, 1982–1983 · leading case: Hyszko v. Barbour, 448 A.2d 723 (R.I. 1982).
Hyszko v. Barbour, 448 A.2d 723 (R.I. 1982). “1956 (1969 Reenactment) § 8-9-9 empowers the Probate Court of each municipality to partition real estate of deceased persons, this power is by the terms of § 33-3-1 limited to instances in which the deceased has died intestate, the “debts, charges, and expenses of settling the…”
DeLisi v. Caito, 463 A.2d 167 (R.I. 1983). “1956 (1969 Reenactment) § 33-3-1 limited to instances in which the deceased has died intestate, the “debts, charges, and expenses of settling the estate” have been paid, and a written application for partition has been submitted to the Probate Court.”
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