Rhode Island General Laws 33-18-4. Resignation of fiduciary
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Whenever an executor, administrator, or guardian shall in writing resign his or her trust to the probate court having jurisdiction of the estate, the court may accept the resignation and, upon petition, appoint a successor, who shall have all the power that the person resigning had unless provision to the contrary is made by will; but no resignation shall be accepted until the person resigning shall have settled his or her accounts with the court.
History of Section.
C.P.A. 1905, § 828; G.L. 1909, ch. 312, § 14; G.L. 1923, ch. 363, § 14; G.L. 1938, ch. 575, § 12; G.L. 1956, § 33-18-4.
Terms Used In Rhode Island General Laws 33-18-4
- 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.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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