Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Rhode Island for guidance on your specific situation.
Detailed Answer
Discovering an old will decades after it was signed raises questions about validity, proof and administration under Rhode Island law. You can still seek probate, but the court requires clear proof of execution and chain of custody.
1. Secure and Review the Will
First, locate and safeguard the original document. Under Rhode Island law, a will must be in writing, signed by the testator and attested by two witnesses (RIGL §33-5-1).
2. Identify Witnesses or Obtain Affidavits
If witnesses to the signing are alive, obtain their sworn statements confirming the testators signature and mental capacity. If witnesses died or cannot be located, you may submit affidavits from credible persons with knowledge of the wills execution.
3. File a Petition for Probate
Submit a petition in the Probate Court of the deceaseds last residence county. Under RIGL §33-7-1, you must include the original will, a death certificate and a list of interested parties (heirs, beneficiaries).
4. Admit a Copy If the Original Is Lost
If the original will is missing but you have a copy, petition the court to admit it under RIGL §33-7-9. You must prove the original was validly executed and lost without intent to revoke.
5. Notice and Hearing
The court will schedule a hearing after you serve all interested parties. The judge reviews evidence of due execution and may allow witnesses to testify. If approved, the court issues Letters Testamentary or Letters of Administration with Will Annexed.
6. Administer the Estate
Once appointed, the executor collects assets, pays debts and distributes property per the will. Even decades later, beneficiaries under an intestacy will be bound if the will is admitted to probate.
While Rhode Island has no strict lower limit on filing time, delay can raise challenges. Courts may require stronger proof to overcome any inference of lost or revoked documents.
Helpful Hints
- Gather all versions and drafts of the will; even marginal notes can help prove authenticity.
- Obtain certified death certificate early; it’s required to open probate.
- Contact the Probate Court clerk to confirm filing fees and notice requirements.
- Arrange for reliable shipping or secure in-person delivery of original documents.
- Consider hiring a probate attorney if witnesses are unavailable or facts are contested.
- Keep beneficiaries informed to avoid allegations of unfair delay or concealment.