What Steps Are Needed to Include Real Property into an Estate in Rhode Island?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

In Rhode Island, including real property in a decedent’s estate requires following formal probate procedures under Title 33 of the Rhode Island General Laws. Below is a step-by-step guide.

  1. Identify and Gather Documentation
    • Obtain the deed, mortgage statements, property tax bills and any prior surveys.
    • Confirm how the decedent held title (sole ownership, joint tenancy, tenancy by entirety, or tenancy in common), since certain co-ownership forms pass automatically outside probate.
  2. Locate and Review the Will or Determine Intestacy
    • If there’s a valid will, the nominated personal representative (executor) must file it with probate court.
    • Without a will, heirs must petition as administrators under R.I. Gen. Laws § 33-23-1 (33-23-1).
  3. Open Probate and Appoint a Personal Representative
    • File a petition in the probate division of the Rhode Island Family Court in the county where the decedent lived.
    • The court appoints a personal representative with letters testamentary or letters of administration.
  4. Prepare an Inventory and Appraisal
    • Within three months of appointment, file an inventory listing all real and personal property under R.I. Gen. Laws § 33-15-1 (33-15-1).
    • Obtain at least one professional appraisal to establish fair market value for tax purposes and distribution.
  5. Provide Notice to Creditors and Settle Debts
    • Publish a notice to creditors in a local newspaper. Creditors have nine months from publication to submit claims.
    • Pay valid debts, expenses and taxes before distributing assets.
  6. Authorize Sale or Direct Transfer
    • If the estate needs liquidity, petition the court to sell the property.
    • For direct transfer, prepare a new deed conveying title to beneficiaries. Record the deed in the land evidence records of the applicable city or town.
    • Ensure compliance with R.I. Gen. Laws § 34-4-2 (34-4-2) when recording deeds.
  7. File Final Accounting and Close the Estate
    • Submit a detailed accounting of receipts, disbursements and distributions to the court.
    • After court approval, the personal representative is discharged and the estate closes.

Helpful Hints

  • Verify whether joint tenants or tenants by entirety hold title—these interests often bypass probate.
  • Check for outstanding liens, mortgages or pending assessments before transfer.
  • Obtain multiple appraisals for high-value real estate to support fair market valuations.
  • Keep meticulous records of all filings, notices and correspondence with the court.
  • Consider small estate procedures under R.I. Gen. Laws § 33-27 if the estate’s total value falls below the statutory threshold.
  • Consult a qualified probate attorney for complex estates or disputes among heirs.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.