Detailed Answer
Under Rhode Island law, locating and verifying original wills and codicils is essential before opening probate. Probate courts and statutory processes ensure that executors handle authentic documents. Here’s how to proceed:
1. Search Rhode Island Probate Court Records
Each Rhode Island probate court requires originals of wills and codicils to be deposited for safekeeping. Begin by contacting the probate court in the county where the testator lived at death. Request a search of filed wills under R.I. Gen. Laws § 33-3-2. Courts often maintain an indexed registry of wills.
2. Review Attorney and Personal Records
Many people leave original wills with their drafting attorney or in a secure personal location (e.g., a safe deposit box). Check with the attorney who prepared the estate plan. Ask family members if they know of any secure storage arrangements or safe deposit box rentals.
3. Notify Known Heirs and Potential Beneficiaries
Under R.I. Gen. Laws § 33-15-1, the prospective personal representative must notify all heirs and beneficiaries of the testator’s death. In the notification, invite anyone holding an original will or codicil to present it to the probate court. This outreach helps uncover documents not on record.
4. Use National and State Will Registries
Voluntary registries, such as the National Center for Health Care Intelligence’s registry or private services, allow testators to record the existence and location of wills. Search these databases to identify where originals might be stored.
5. Verify Authenticity of Documents
Once you locate an original will or codicil, verify its validity. Check for the testator’s signature, date, and required witness attestations. Under R.I. Gen. Laws § 33-7-1, a will admitted to probate must be duly executed. If in doubt, consult a probate clerk or an attorney to review the document before filing.
Helpful Hints
- Document every request and search effort to show due diligence when opening probate.
- Keep certified copies of correspondence with courts, banks, and attorneys.
- Obtain a court-certified copy of the will for probate filing once located.
- Check safe deposit policies—banks may require a court order or executor’s authorization to access boxes.
- Consider a private investigator if the testator kept estates in multiple jurisdictions.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.