§ 33-11-4 - Manner of presentation of claims. - Rhode Island Statutes

SECTION 33-11-4

   § 33-11-4  Manner of presentation ofclaims. – Claims against a decedent's estate may be presented as follows:

   (a) The claimant shall present a written statement of theclaim with the clerk of the probate court indicating its basis, the amountclaimed (if known), the name and address of the claimant, and the name andaddress of the claimant's attorney (if any) and deliver or mail a copy thereofto the personal representative. The claim is deemed presented when filed withthe probate court. The claimant has the burden of establishing proper andtimely presentation of the claim. If the claim is not yet due, the date when itwill 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 issecured, the security shall be described. Failure to accurately describe thedue date of claim not yet due, the nature of any condition or uncertainty, orthe security, does not invalidate the presentation made.

   (b) No presentation of claim is required for matters alreadyclaimed in proceedings which were pending against the decedent at the time ofhis or her death. No personal representative shall be held to defend and nodecedent's estate shall be held liable for any claim pending against thedecedent until the estate shall be joined as a party with notice to the probatecourt and the personal representative served.