Probate practice and procedure
Claims Against Decedents' Estates
§ 33-11-4 Manner of presentation of
Claims against a decedent's estate may be presented as follows:
(1) The claimant shall present a written statement of the
claim with the clerk of the probate court indicating its basis, the amount
claimed (if known), the name and address of the claimant, and the name and
address of the claimant's attorney (if any) and deliver or mail a copy thereof
to the personal representative. The claim is deemed presented when filed with
the probate court. The claimant has the burden of establishing proper and
timely presentation of the claim. If the claim is not yet due, the date when it
will become due shall be stated. If the claim is contingent or unliquidated,
the nature of the condition or uncertainty shall be stated. If the claim is
secured, the security shall be described. Failure to accurately describe the
due date of claim not yet due, the nature of any condition or uncertainty, or
the security, does not invalidate the presentation made.
(2) No presentation of claim is required for matters already
claimed in proceedings which were pending against the decedent at the time of
his or her death. No personal representative shall be held to defend and no
decedent's estate shall be held liable for any claim pending against the
decedent until the estate shall be joined as a party with notice to the probate
court and the personal representative served.
History of Section.
(C.P.A. 1905, § 883; G.L. 1909, ch. 314, § 3; P.L. 1915, ch. 1260,
§ 3; P.L. 1920, ch. 1937, § 1; G.L. 1923, ch. 365, § 3; G.L.
1938, ch. 578, § 3; P.L. 1941, ch. 1003, § 2; P.L. 1951, ch. 2743,
§ 1; P.L. 1952, ch. 3023, § 1; impl. am. P.L. 1956, ch. 3717, §
1; G.L. 1956, § 33-11-4; P.L. 1996, ch. 110, § 5; P.L. 2008, ch. 307,
§ 2; P.L. 2011, ch. 363, § 6.)