(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).

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Terms Used In Rhode Island General Laws 33-23-1

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Probate: Proving a will
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

(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.

History of Section.
C.P.A. 1905, § 796; G.L. 1909, ch. 311, § 1; G.L. 1923, ch. 362, § 1; G.L. 1938, ch. 573, § 1; G.L. 1956, § 33-23-1; P.L. 1975, ch. 120, § 1; P.L. 1996, ch. 110, § 13; P.L. 2007, ch. 158, § 2; P.L. 2007, ch. 257, § 2; P.L. 2014, ch. 314, § 1; P.L. 2014, ch. 550, § 1; P.L. 2016, ch. 485, § 1; P.L. 2016, ch. 495, § 1.