Detailed Answer — How this works under Rhode Island law

1. Confirm basic facts

• Obtain a certified copy of the death certificate.
• Search for any will, insurance policies, or estate planning documents. If no valid will is found, the estate is intestate and Rhode Island’s intestacy rules apply.
• Determine how the decedent owned the house: sole ownership, tenancy in common, joint tenancy with right of survivorship, or with a spouse. Joint tenancy or a named co-owner can change what happens to the property on death.

2. Who inherits when there is no will?

Rhode Island’s intestacy rules set who the decedent’s heirs are (commonly spouse and children, or if no spouse, the children). These rules control how the estate’s property — including real estate — is distributed. See Rhode Island’s statutes for decedents’ estates (Title 33 of the Rhode Island General Laws) for the formal rules: Rhode Island General Laws, Title 33 (Decedents’ Estates).

3. Open probate (administration) in the probate court

If the house was owned solely by the deceased, most buyers of title or title companies require a probate process to clear title. The typical steps:

1. File a petition with the probate court in the city or town where the decedent lived asking to open an estate and appoint an administrator.
2. The court will issue Letters of Administration (sometimes called Letters of Appointment) to the person appointed to manage estate affairs. That administrator has authority to collect assets, pay debts, and distribute property under court supervision.
3. The administrator may need to file an inventory, notify creditors, and follow the court’s schedule for administration. The court’s probate rules and forms are available from the Rhode Island Probate Court: Rhode Island Probate Court — official site.

4. How the house is transferred to heirs

After the administrator determines the heirs and pays lawful debts and expenses, the probate court will authorize distribution of the estate. To change the deed:

• The administrator signs an administrator’s deed transferring the property to the heirs in the shares required by law or by the court order.
• The deed must be properly drafted, notarized, and recorded in the land records office in the county or city/town where the property is located.

If all heirs agree, the property can be transferred directly to the heirs named by the court. If the heirs want the property held by all siblings together, the recorded deed can convey the property to multiple individuals as tenants in common (each owning an equal share, unless otherwise specified) or as joint owners if appropriate language and requirements are met.

5. Small estate and other shortcuts (when applicable)

Rhode Island has procedures that may speed up transfer for smaller estates or for certain types of property, but real estate commonly requires probate or an approved transfer document before a title company will insure the new owners’ title. Check the probate court or an attorney to see if a simplified process applies.

6. If heirs disagree or there are complications

Disputes among heirs (about who the heirs are, how the property should be divided, or claims by creditors) can require: court litigation, partition actions (to force sale or divide property), or formal accounting in probate. If the deceased owned the home with a surviving spouse or named co-owner, ownership questions can be more complex and may require legal counsel.

7. Typical timeline and costs

Probate times vary. Straightforward administrations often take several months; complicated estates or disputes can take a year or more. Costs include probate court filing fees, possible bond premiums for an administrator, attorney fees (if you hire counsel), appraisal costs, and recording fees for the transfer deed.

8. Documents you’ll normally need

• Certified death certificate
• Property deed and recent mortgage statements
• Recent tax bills and homeowners insurance information
• Identification for proposed administrator(s)
• Any known creditor statements or bills
• Proof of relationship for heirs (birth certificates, marriage certificates) if requested by the court

9. When to consult an attorney

Consider speaking with an attorney if any of the following apply: title company refuses to insure transfer without litigation, there are creditor claims, heirs are missing or contested, the estate owns other significant assets, or you expect disputes among heirs. An attorney can prepare the administrator’s deed, represent you in probate court, and advise about tax or homestead allowances.

Key Rhode Island resources

• Rhode Island General Laws — Title 33 (Decedents’ Estates): https://www.rilegislature.gov/Statutes/TITLE33/
• Rhode Island Probate Court information and forms: https://www.courts.ri.gov/Courts/ProbateCourt/Pages/default.aspx

Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Rhode Island probate or real estate attorney.

Helpful Hints

• Start by getting a certified death certificate and checking for a will — these two items determine the path forward quickly.
• Visit or call the local probate court early to learn specific local filing requirements and costs.
• If all heirs agree on distribution, you can usually complete probate more quickly and keep costs down.
• Keep careful records of all communications, bills paid, and actions taken as administrator; the probate court will expect an accounting.
• If you plan to sell the house after probate, discuss with a title company early to learn what they require to insure the buyers’ title.
• Consider meeting with a probate attorney for a short consult before filing — that can save time and prevent common mistakes.