Rhode Island General Laws 34-5-6. Filing and service of disclaimer
(a) The original of the disclaimer or an attested copy of the disclaimer, if filing is required to be made with more than one office, shall be filed:
(1) In the case of personal property, in the office of the clerk of probate court that had jurisdiction of the estate of the decedent at the time of his or her death, if the interest was created by will, or if the interest was created by an inter vivos instrument in the office of the clerk of the superior court for the county of which the donor or grantor was a resident at the time of the creation of the grant or trust or if the donor or grantor was not a resident of Rhode Island in the office of the clerk of the Superior Court for Providence County.
(2) In the case of real estate, in the office of the person having charge of the recording of deeds in the city or town in which the real estate is situated; and if probate proceedings have been commenced in the estate of the decedent prior to the filing, this disclaimer shall also be filed in the office of the clerk of the probate court in which these proceedings are instituted.
Terms Used In Rhode Island General Laws 34-5-6
- Decedent: A deceased person.
- Donor: The person who makes a gift.
- Grantor: The person who establishes a trust and places property into it.
- Inter vivos: Transfer of property from one living person to another living person.
- 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
- 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
(b) A copy of the disclaimer shall be served by delivering in hand or by mailing by certified mail to the last known address of the person or persons or other legal entity or entities having legal title to or possession of the property, an interest in which is being disclaimed. Failure to comply with these requirements of service shall not affect the validity of the disclaimer.
History of Section.
P.L. 1980, ch. 392, § 2.