Disclaimer: This article provides general information about Rhode Island probate procedures. It is not legal advice.
Detailed Answer
Step 1: Initiate Probate Proceedings
If a decedent owned real estate solely in their name, you must open a probate case in Rhode Island Superior Court’s Probate Division or District Court where the property is located. File a petition for probate (with a will) or administration (intestate estate) under R.I. Gen. Laws §33-1-21 (link).
Step 2: Get Letters Testamentary or of Administration
After the court confirms the will or appoints you, it issues Letters Testamentary or Letters of Administration under R.I. Gen. Laws §33-6-2 (link). These documents grant you authority to manage estate assets.
Step 3: Notify Creditors
Publish a notice to creditors once a week for three weeks in a local newspaper per R.I. Gen. Laws §33-3-43 (link). Send direct notices to known creditors. This step protects you from late claims.
Step 4: Inventory Estate Assets
Within 60 days of appointment, file an inventory listing all assets, including real property, under R.I. Gen. Laws §33-13-2 (link). Include a description, address, and fair market value of each parcel.
Step 5: Record Your Authority in Land Records
Record certified Letters in the land evidence records in the county where the property sits, per R.I. Gen. Laws §33-22-14 (link). This step clears title issues and shows your power to act.
Step 6: Obtain Court Approval to Sell or Mortgage the Property
If you need to liquidate real estate to pay valid claims, petition the court for permission under R.I. Gen. Laws §33-5-7 (link). Include a proposed sale price and terms. The court will set a hearing and, if satisfied, issue an order authorizing the sale or mortgage.
Step 7: Distribute Proceeds and Close the Estate
Once claims are paid, distribute remaining funds or assets to beneficiaries under the will or Rhode Island’s intestacy laws. Finally, file a final accounting and petition for discharge to close the estate.
Helpful Hints
- Consult local probate court rules for filing fees and forms.
- Keep detailed records of notices, inventories, and transactions.
- Obtain multiple appraisals to establish fair market value.
- Coordinate with real estate attorneys for complex property matters.
- Ensure all creditor claims are verified before distribution.