Katherine M. Kelley et al. v. Donald Jepson, Administrator of the Estate of Brandt H. Jepson

Summary

The Supreme Court of Rhode Island affirmed the dismissal of an appeal from a Providence Probate Court decision because the appellants failed to file a certified copy of the probate record within the statutory thirty-day period. The court held that the probate judge's signed written decision constituted an appealable decree under Rhode Island law and that the statutory deadlines were jurisdictional and generally could not be extended. The court also declined to grant relief under the statute permitting late appeals based on accident, mistake, unforeseen cause, or excusable neglect.

Holdings

1. A written and signed probate decision that states final legal conclusions, settles the parties' rights, and terminates the will contest constitutes an order or decree for purposes of Rhode Island General Laws § 33-23-1, even though separate documents labeled 'Decree' and 'Administration' were not mailed to the parties.
2. The April 4, 2000 decree triggered the twenty-day and thirty-day deadlines in § 33-23-1, and Kelley and Pearlman failed to perfect their appeal because they did not file the certified record within thirty days.
3. The Superior Court lacks authority to extend the jurisdictional deadlines in § 33-23-1(a)(1) and (a)(2), except for an extension to file a transcript under subsection (c).
4. The Supreme Court would not disturb the denial of relief under § 9-21-6 because Kelley did not articulate a specific basis—accident, mistake, unforeseen cause, or excusable neglect—for the untimely filing.

Questions Presented

1. Whether the Providence Probate Court's April 4, 2000 written and signed decision constituted an appealable order or decree that triggered the statutory appeal deadlines.
2. Whether the Superior Court had authority to extend the statutory deadline for filing the certified probate record and transcript.
3. Whether Kelley was entitled to relief under Rhode Island General Laws § 9-21-6.

Disposition

affirmed