§ 33-3-1 Power of probate court – Application for division
§ 33-3-2 Time of proceeding – Notice
§ 33-3-3 Decree determining parties entitled – Appointment of commissioners
§ 33-3-4 Directions as to advancements
§ 33-3-5 Warrants to commissioners
§ 33-3-6 Division of property by commissioners
§ 33-3-7 Assignment of shares by lot or agreement
§ 33-3-8 Commissioners’ report
§ 33-3-9 Representation of infants and persons non compos mentis
§ 33-3-10 Real estate not disposed of by will
§ 33-3-11 Division of real estate devised in common
§ 33-3-12 Division of remainder in property
§ 33-3-13 Payment of expenses of division on appeal to superior court
§ 33-3-14 Certificate of descent
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Terms Used In Rhode Island General Laws > Chapter 33-3 - Division of Real Estate

  • 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.
  • Devise: To gift property by will.
  • 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.
  • 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.
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • Intestate: Dying without leaving a will.
  • 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
  • real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Testator: A male person who leaves a will at death.
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9