Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Consult a qualified attorney licensed in Rhode Island for guidance.
Detailed Answer
When a decedent’s estate includes assets in multiple counties within Rhode Island or in other states, you can streamline the administration by following a clear process.
1. Open Primary Probate in the County of Domicile
File the will (if one exists) and initiate probate proceedings in the probate court of the county where the decedent was domiciled at death. Rhode Island’s five county courts (Bristol, Kent, Newport, Providence, and Washington) will issue letters testamentary or letters of administration, granting authority to the fiduciary.
Under R.I. Gen. Laws § 33-15-4, these letters are valid statewide. You can collect personal and intangible property throughout Rhode Island using these letters alone, without opening separate probate cases in each county.
2. Collect Assets in Other Rhode Island Counties
Use certified copies of the letters issued by the primary probate court to claim bank accounts, investment accounts, and personal property held in other counties. Financial institutions and custodians must accept these letters under state law.
3. Ancillary Probate for Assets in Other States
If the decedent owned real estate, tangible property, or certain financial accounts in another state, ancillary probate (also called ancillary administration) is required there. The process typically involves:
- Filing for ancillary letters of administration in the foreign jurisdiction’s probate court.
- Submitting certified copies of the primary letters and the death certificate.
- Meeting that state’s notice requirements and paying any local filing fees.
Rhode Island provides for appointment of ancillary administrators under R.I. Gen. Laws § 33-16-1 through § 33-16-6.
4. Coordinate with Local Professionals
Engage local counsel or a probate specialist in each jurisdiction where ancillary proceedings are required. This ensures compliance with local rules on notice to heirs and creditors, property tax clearances, and final distributions.
Helpful Hints
- Prepare a detailed asset inventory organized by county and property type.
- Obtain multiple certified copies of letters testamentary or administration and the death certificate early in the process.
- Provide complete documentation when dealing with institutions in other counties or states to avoid delays.
- Track filing dates, fees, and communications for each probate or ancillary case.
- Review Rhode Island’s small estate procedures (R.I. Gen. Laws § 33-15-1 et seq.) if the estate falls under the statutory threshold.
- Consult a Rhode Island attorney for complex multi-jurisdictional matters to ensure all legal requirements are met.