Rhode Island General Laws 33-18-26. Action by foreign executor or administrator – Prerequisites
If a corporation refuses to permit a transfer as provided in § 33-18-24 or a person indebted refuses to pay, or having possession refuses to deliver personal property as permitted in § 33-18-25, the executor or administrator, if there is no executor or administrator appointed in this state, upon application to the probate court of any town in this state in which any real estate of the decedent is located, or, if there is no real estate in this state, in which any personal property of the decedent is situated, or in which any debtor resides, or in which any corporation the decedent owned shares of stock or registered bonds is located, may be authorized by the court to transfer the shares and bonds or to take possession of the personal property and collect the debts, and the executor or administrator may demand, sue for, and recover the property or debts; provided, that no foreign executor or administrator shall be authorized to make any transfer or take possession of personal property under the provisions of this section until he or she shall have filed in the court a copy of the will, if any, and of his or her appointment, authenticated as provided in this chapter, nor until six (6) months after his or her appointment, nor until he or she shall have given bond to the probate court appointing him or her, unless sufficient bond has been given, nor until he or she shall have advertised notice of his or her application in this state at least once each week for two (2) successive weeks in some newspaper, as directed by the probate court; and provided, further, that no authority to transfer or take possession shall be granted, if any creditor of the deceased person or ward shall show to the probate court valid objections to the transfer or possession, supported by a sworn statement of his or her claim or demand and that the same is justly due.
History of Section.
C.P.A. 1905, § 843; G.L. 1909, ch. 312, § 29; G.L. 1923, ch. 363, § 29; G.L. 1938, ch. 575, § 27; G.L. 1956, § 33-18-26.
Terms Used In Rhode Island General Laws 33-18-26
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Decedent: A deceased person.
- Executor: A male person named in a will to carry out the decedent
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Personal property: All property that is not real property.
- 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
- 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