§ 33-22-31 - Form of order and decree.

SECTION 33-22-31

   § 33-22-31  Form of order and decree.– (a) Every decision of a probate court shall be reduced to a written order ordecree, promptly executed by the probate judge, entered and filed in a timelyfashion by the probate clerk. No party can rely upon any action, inaction orinstructions of the probate court nor take an appeal from any decision of theprobate court that has not been reduced to a written order or decree dulyexecuted by the probate judge.

   (b) If a form of order or decree is not available forexecution by the probate judge at the time of hearing, the court shall requirethe prevailing party to submit a proposed form of order or decree by regularmail to all parties who have entered an appearance in the matter. Absentwritten objection setting forth the reason for such objections by any suchparty within seven (7) days after mailing, the prevailing party shall file theoriginal thereof with the probate court. Such order or decree shall contain acertificate that notice has been given pursuant to this subsection.

   (c) For all purposes, the effective date of an order ordecree is the date executed by the probate judge and not the date of hearing.