Court Safekeeping of Original Wills in Rhode Island
At a glance
| Statutory safekeeping route | Former Chapter 33-7 §§ 1–4 repealed; current § 33-7-5 governs postdeath delivery. |
|---|---|
| Who may deposit | Postdeath custodian or nominated fiduciary under no-assets procedure (§ 33-7-5). |
| Proper court or clerk | Probate court with jurisdiction or named executor, who must then file with court (§ 33-7-5(a)). |
| Envelope and filing record | No-assets affidavit includes death certificate, funeral receipt, heirs, and asset representations (§ 33-7-5(b)). |
| Fee and receipt | No-assets affidavit deposit costs $30; probate clerk issues receipt (§ 33-7-5(b)). |
| Custody before death | Former court custody provisions repealed; courts directed to return accepted documents (§§ 33-7-1–4, 33-7-7.1). |
| Retrieval before death | Return of older held documents follows certified-mail notice and appropriate receipt (§ 33-7-7.1). |
| Notice after death | Custodian's 30 days run from notice of testator's death (§ 33-7-5(a)). |
| Opening and release after death | Deliver to court or executor within 30 days; executor delivers to court within 30 days of receipt (§ 33-7-5(a)). |
Current custody procedure
R.I. Gen. Laws §§ 33-7-1–33-7-4 are repealed, effective December 31, 2008. The current chapter addresses postdeath delivery in § 33-7-5 and return of documents previously accepted by probate courts in § 33-7-7.1. These are distinct from a new lifetime safekeeping deposit.
Requirements one by one
Postdeath release
Under § 33-7-5(a), a will custodian other than a probate clerk delivers the will to the probate court with jurisdiction or to the named executors within 30 days after notice of death. An executor who receives it has another 30 days to deliver it into court.
Fee and receipt
Section 33-7-5(b) offers a nominated fiduciary a specific no-assets filing: an affidavit must include a certified death certificate, paid funeral-bill receipt, heirs' names and addresses, and the required representations about letters and probate assets. The probate clerk takes a $30 fee, keeps the will and affidavit, and issues a deposit receipt.
What trips people up
For documents still held from the former custody arrangement, § 33-7-7.1 directs certified-mail notice to the testator or designated recipient, including the drafting attorney if known. It makes the documents available for return on an appropriate receipt and limits the court's further retention duty after notice. The $30 procedure in § 33-7-5(b) applies after death, not to a new lifetime deposit.
Common questions
Can a custodian hand the will to the named executor? Yes, under § 33-7-5(a), but that executor must deliver it into court within 30 days of receipt.
What if someone refuses after a court citation? Section 33-7-5(a) permits contempt and liability for resulting damage when the failure lacks reasonable cause.
Statutes and sources
- R.I. Gen. Laws §§ 33-7-1–4, 33-7-5, and 33-7-7.1: current official text, quoted with source URLs and access dates above.
Source links
Every statute quoted above, linked, with the date we checked it.
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