Rhode Island General Laws 33-17-1. Conditions of bond
Every executor, administrator, and guardian, before entering upon the execution of his or her trust, shall give bond to the probate court in any sum as it shall require, with sufficient surety or sureties, and with condition, except as provided in § 33-17-3 and § 33-17-4, substantially as follows:
(1) In the case of an executor or administrator with the will annexed:
(i) To make and return to the probate court, as by law required, a true inventory of all the testator‘s personal property which, at the time of making the inventory, shall have come to his or her possession or knowledge.
(ii) To administer according to law and the will of the testator, all the personal property of the testator which may come to his or her possession or into the possession of any person for him or her, and all rents and proceeds of real estate which may be received by him or her.
(iii) To render upon oath true accounts of his or her administration, as by law required.
(2) In the case of an administrator:
(i) To make and return to the probate court, as by law required, a true inventory of all the intestate‘s personal property which, at the time of making the inventory, shall have come to his or her possession or knowledge.
(ii) To administer according to law all the personal property of the deceased and rents which may come into his or her possession or into the possession of any person for him or her.
(iii) To render upon oath true accounts of his or her administration, as by law required.
(iv) To deliver his or her letters of administration into the court if a will of the deceased is thereafter proved and allowed, and to settle his or her account in the probate court and to pay over and deliver all the assets remaining in his or her hands or due from him or her on settlement to the executor of the will.
(3) In the case of a guardian of an estate:
(i) To make and return to the probate court, as by law required, a true inventory of all the real and personal property of the ward which, at the time of making inventory, shall have come to his or her possession or knowledge.
(ii) To manage and dispose of all property according to law and for the best interests of the ward, and faithfully to perform his or her trust.
(iii) To render upon oath, as by law required, a true account of the property of his or her ward and of his or her management and disposition thereof.
(iv) At the expiration of his or her trust to settle his or her account in the probate court, or with the ward or his or her legal representative, and to pay over and deliver all the property remaining in his or her hands or due from him or her on settlement to the person entitled to the property.
History of Section.
C.P.A. 1905, § 1012; G.L. 1909, ch. 320, § 1; G.L. 1923, ch. 371, § 1; G.L. 1938, ch. 576, § 1; G.L. 1956, § 33-17-1.
Terms Used In Rhode Island General Laws 33-17-1
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Executor: A male person named in a will to carry out the decedent
- 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.
- Intestate: Dying without leaving a will.
- Oath: A promise to tell the truth.
- oath: includes affirmation; the word "sworn" includes affirmed; and the word "engaged" includes either sworn or affirmed. See Rhode Island General Laws 43-3-11
- 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
- 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.