§ 33-7-5 - Duty of person in possession of will to deliver into court.
SECTION 33-7-5
§ 33-7-5 Duty of person in possession ofwill to deliver into court. – Every person, other than a probate clerk, who has custody of a will shall,within thirty (30) days after notice of the death of the testator, deliver thewill into the probate court which has jurisdiction of the probate thereof, orto the executors named in the will, who shall themselves deliver it into courtwithin thirty (30) days after they receive the will; and if any executor orother person neglects, without reasonable cause, to deliver a will, after beingduly cited for that purpose by the court, he or she may be adjudged to be incontempt and may be committed therefor to the adult correctional institutionsand shall remain there until he or she delivers the will to the court; and heor she shall be further liable, to any party aggrieved, for the damagesustained by reason of the neglect.
Provided further, that a fiduciary nominated in a will maydeliver such will to the probate court with an affidavit containing thefollowing information, representations, and documentation:
(a) The date of death of the decedent accompanied by acertified copy of the decedent's death certificate;
(b) A representative that the funeral bill of the decedenthas been paid, accompanied by a receipt therefor;
(c) The names and addresses of the heirs-at-law of thedecedent at the decedent's date of death; and
(d) A representation that the affiant has received no noticeof the issuance of letters testamentary or letters of administration regardingthe estate of the decedent, and that there are no assets of the decedentsubject to probate. Upon receipt of such will and affidavit the probate clerk,upon being paid a fee of thirty dollars ($30.00), shall receive and keep thewill and accompanying affidavit and shall give a receipt of the deposit thereof.