Detailed Answer

When someone dies without leaving a will (intestate) in Rhode Island, the probate court appoints a personal representative — commonly called an “administrator” or “administrator with will annexed” depending on circumstances — to collect assets, pay debts, and distribute what remains under the state’s intestacy rules. The process is governed by the Rhode Island probate statutes (Title 33). For the text of the governing statutes, see R.I. Gen. Laws, Title 33: https://www.rilegislature.gov/Statutes/title33/Pages/default.aspx.

Who has priority for appointment?

Rhode Island law sets a priority order for who may be appointed personal representative. Generally, a surviving spouse has first priority, then surviving children, parents, siblings, and other next-of-kin. If a surviving spouse or closer heir is available and willing, they ordinarily will be appointed instead of a sibling. If no higher-priority person is available or willing, a sibling may be appointed.

Typical steps to become the appointed administrator

1. Confirm intestacy and residency. Make sure there is no valid will (check safe deposit boxes, mail, attorney files). The probate court that handles the appointment is usually the probate court in the city or town where the decedent lived.
2. Prepare and file a petition for appointment. File a petition (sometimes called an Application for Letters of Administration or Petition for Administration) with the appropriate Rhode Island probate court asking to be appointed administrator. The petition commonly asks the court to issue Letters of Administration (the court document that empowers you to act for the estate).
3. Attach required documents. Typical attachments include a certified death certificate, a list of known heirs and their addresses, an inventory or estimate of assets, and any written waivers of appointment if other heirs decline. Courts may require additional local forms or affidavits.
4. Pay filing fees and post bond if required. The court charges filing fees. The court may also require a surety bond to protect the estate against mismanagement. Heirs sometimes can waive the bond in writing; the court will accept a waiver if it meets statutory requirements.
5. Give notice and satisfy statutory requirements. The probate court will direct the notice process to heirs and creditors as required by law. There may be required publication or mailing to known creditors. Follow the court’s instructions; failing to give proper notice can delay the appointment and administration.
6. Attend a hearing if necessary. If the petition is uncontested and paperwork is in order, the court often grants Letters of Administration without a contested hearing. If another person objects or multiple people claim priority, the court will schedule a hearing to decide who should be appointed.
7. Receive Letters of Administration and act as administrator. Once appointed, you receive Letters of Administration. With those, you can access estate accounts, collect assets, pay valid debts, file estate tax and final income tax returns, and distribute the estate under Rhode Island intestacy rules.
8. Close the estate with accounting and final distributions. After paying debts and taxes and making distributions to heirs, file final accountings and closing paperwork as the court requires to end the administration.

Common evidentiary and procedural points

• If several qualified people apply, the court decides based on statutory priority and the best interests of the estate; it can refuse an applicant for good cause (e.g., conflict, misconduct, incapacity).
• A bond can often be waived by written consent of the heirs; check Title 33 and the local probate rules for specific waiver language acceptable to the court.
• Not all assets pass through probate — life insurance or retirement accounts with designated beneficiaries, joint accounts with rights of survivorship, and some transfers-on-death arrangements pass outside probate. The administrator handles only probate assets unless required to assist with other claims.
• The court will oversee the administrator’s duties: inventory, notices to creditors, timely distributions, and filings. Failing to perform duties can create personal liability.

When a sibling is likely to be appointed

If the decedent leaves no surviving spouse, descendants (children, grandchildren), or parents, siblings stand high on the priority list. If you are the only available sibling willing to serve, the court commonly appoints you provided you meet the court’s suitability criteria (ability to serve, no conflicts, bonding requirements satisfied or waived).

Small estate or simplified procedures

Rhode Island has streamlined procedures for small estates in certain circumstances. If the estate falls under the statutory small-estate threshold, simplified appointment or affidavit procedures may apply that shorten time and paperwork. Check Title 33 or contact the probate court to see if the estate qualifies for a simplified path.

Practical timeline and costs

Timing depends on complexity and whether the appointment is contested. For uncontested small estates, appointment and basic distribution can take a few weeks to a few months. Larger or contested estates can take many months to a year or more. Costs include filing fees, possible bond premium, publication fees, attorney fees (if you hire counsel), and other administrative expenses.

If someone contests your petition

If another person files an objection (for example, claiming a higher priority or alleging unsuitability), the court will hold a hearing and decide who should serve. Be prepared to provide documentation showing your relationship to the decedent, why you are the proper person to administer the estate, and any waivers or consents from other heirs.

Where to find Rhode Island statutes and local probate information

Rhode Island probate statutes (Title 33) govern appointment, duties, and intestate distribution; review them at: R.I. Gen. Laws, Title 33. For the specific forms and local filing procedures, contact the probate court in the municipality where the decedent resided or consult the Rhode Island Judiciary’s probate information (search “Rhode Island probate court forms” on the Judiciary website).

Helpful Hints

• Gather documents before filing: certified death certificate(s), ID, any estate-related paperwork (bank statements, account paperwork, deeds, insurance policies), and contact info for known heirs.
• Search for a will thoroughly (home files, safe deposit, the decedent’s attorney). A will changes who the court appoints and how property distributes.
• Contact the probate court clerk to get the exact forms, fee amounts, and bond requirements — procedures can vary by court location.
• Ask heirs to sign a written waiver of bond if they agree; a signed waiver can reduce cost and speed appointment. Make sure waiver language meets court requirements.
• Check for nonprobate assets (named beneficiaries, joint accounts) before starting probate — those pass outside the estate and can simplify administration.
• Keep detailed records and receipts for every estate transaction. The court will require accounting and creditors will expect documentation.
• If other heirs oppose your appointment or if the estate is large/complex, consider consulting a probate attorney for advice tailored to your situation.
• Remember deadlines to file claims and tax returns. Missing deadlines can increase personal exposure as administrator.

Important: This article explains general Rhode Island procedures but does not replace legal advice. If you face unusual facts, a contested appointment, or complex tax/creditor issues, consult an attorney licensed in Rhode Island.