Administration of the estate of a person dying intestate shall be granted as follows:
(1) To the widow or surviving husband or one or more of the next of kin, or to the widow
or surviving husband jointly with one or more of the next of kin, they being suitable
persons and competent.
(2) If the widow or surviving husband and the next of kin shall neglect to apply for letters
of administration within thirty (30) days after the decease of a person intestate,
or shall be unsuitable for the discharge of the trust, or renounce the administration,
the probate court may, on petition therefor of some party in interest, grant administration
to any suitable person.
Notes of Decisions
Cited in
6
cases, 1960–1986 · leading case:
Bilotti v. LaSalle, 506 A.2d 1362 (R.I. 1986).
Bilotti v. LaSalle, 506 A.2d 1362 (R.I. 1986).
· cites it 3× “1956 (1969 Reenactment) § 33-8-8. Relying on this statute, plaintiffs suggested the appointment of Vincent Bilotti.”
Malinou v. Cairns, 231 A.2d 785 (R.I. 1967).
· cites it 4× “1956, §33-8-8. 1 the appellant is precluded thereby from asserting any right to take charge and administer the decedent’s estate.”
Davtian v. Barsamian, 256 A.2d 510 (R.I. 1969).
“Here the court’s actions, some four years after Sisak’s death, cut off the rights of any creditors to initiate probate proceedings in this estate pursuant to §33-8-8, paragraph second. Several of the statutes of limitations were still running in May 1967.”
Allsworth v. Scully, 250 A.2d 369 (R.I. 1960).
“Further, §33-8-8 authorizes the probate court to appoint any suitable person administrator of the estate of an intestate and to do so on the petition of some party in interest, should the surviving spouse or next of kin neglect to apply within thirty days of the intestate’s…”
In re Est. of Fuller, 250 A.2d 351 (R.I. 1969).
· cites it 10× “1956, §33-8-8. At the hearing in the superior court, petitioner testified that she resided in the city of Warwick and that she was the widow of the decedent.”
D'Arezzo v. Est. of Christy, 499 A.2d 744 (R.I. 1985).
“1956 (1984 Reenactment) § 33-8-8 which allows a probate court to appoint an administrator on the petition of "some party in interest” should the surviving spouse or next of kin neglect to apply within thirty days of the intestate's death.”
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.