Rhode Island General Laws 33-23-8. Notice of appeal
(a) When a probate appeal is entered in the superior court, the appellant shall serve a true copy of the reasons of appeal by regular mail, postage prepaid, to all interested persons in the estate of the deceased or ward and to all persons who entered an appearance, pro se or through counsel, in the underlying probate proceedings. The appellant shall further notify such persons that they have the right to enter an appearance or move to intervene in the superior court probate appeal within twenty (20) days after service. The appellant shall file a certificate in the superior court that notice was given in the manner prescribed in this section and shall identify the names and addresses of the persons to whom notice was given. If an interested person fails to enter an appearance or move to intervene within twenty (20) days after notice, the superior court may entertain the appellant’s probate appeal without further notice to such person.
Terms Used In Rhode Island General Laws 33-23-8
- 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.
- 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
- Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
- Probate: Proving a will
(b) The superior court may, sua sponte or on the motion of any interested party, order notice of the probate appeal advertised in a newspaper of general circulation in this state upon such terms and conditions as the court may direct.
(c) The superior court may at any time during the pendency of a probate appeal direct any additional notice or service.
(d) Any interested person in the estate of a deceased or ward may enter an appearance in the probate court or superior court and, upon doing so, is entitled to copies, at his or her own expense, of any and all filings in the estate by any party.
(e) The superior court may, upon motion, permit any interested person to intervene in a probate appeal and, upon doing so, is entitled to participate in any and all superior court proceedings concerning the appeal. The executor, administrator, guardian or other fiduciary shall automatically be a party to the superior court proceedings without motion to intervene.
History of Section.
C.P.A. 1905, § 797; G.L. 1909, ch. 311, § 2; P.L. 1909, ch. 427, § 1; G.L. 1923, ch. 362, § 2; G.L. 1938, ch. 573, § 2; G.L. 1956, § 33-23-8; P.L. 1996, ch. 110, § 13.