§ 33-11-5.1 - Duty to notify known or reasonably ascertainable creditors.

SECTION 33-11-5.1

   § 33-11-5.1  Duty to notify known orreasonably ascertainable creditors. – (a) If the identity of a creditor of the decedent's is known to or reasonablyascertainable by the personal representative, the personal representativeshall, within a reasonable period of time after qualification, take such stepsas are reasonably necessary to ensure that such creditor receives or hasreceived actual notice of the commencement of the decedent's estate. Thesending of a notice in the form contained in subsection (b) by the personalrepresentative to the creditor at his/her or its last known address, by firstclass mail, postage prepaid, shall be deemed a means, but not the exclusivemeans, of satisfying the requirements of this section. The personalrepresentative is not liable to a creditor or to a successor personalrepresentative of the decedent for giving or failing to give notice under thissection.

   (b) A personal representative shall be conclusively presumedto have complied with this section by sending a written notice in substantiallythe following form:

   STATE OF RHODE ISLAND PROBATE COURT OF

   COUNTY OF ]]]]]]]]]]]]]] THE

   ESTATE OF (NAME OR ESTATE) (NO.)

   NOTICE OF COMMENCEMENT OF PROBATE

   To: (Name of Creditor)

   (last known address of creditor)

   Notice is hereby given by (name of personal representative)that a probate estate has been commenced for (name of decedent) in the ProbateCourt of the (name of municipality, address of court) docket no. ]]]]]]]]]],said (name of fiduciary) having been qualified on (date of qualification).

   A creditor must present a written statement of the claimindicating its basis, the amount claimed, the name and address of the claimant,and the name and address of the claimant's attorney (if any) within six (6)months after qualification. Claims should be mailed to the personalrepresentative or attorney named below and filed with the clerk of the probatecourt.

   Name and address of

   Estate Personal Representative or Attorney

   Date