Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
In Rhode Island, a year’s allowance provides support for a surviving spouse (and minor children) out of the decedent’s personal estate before final distribution. Under R.I. Gen. Laws §33-3-1, the probate court may grant one year’s use of the family dwelling and a sum from personal property for support. When you petition for this allowance, you state the type and value of support you seek, but you do not personally list every asset.
Rhode Island law assigns the executor or administrator the duty to inventory all estate assets—including furniture, vehicles, cash, bank accounts, stocks, and personal effects—within three months of appointment under R.I. Gen. Laws §33-16-8. The court relies on that official inventory to determine available personal property and to ensure your allowance stays within statutory limits.
Your year’s allowance petition should reference the general categories or total value you request (for example, one year’s rent or home use plus a cash amount). You don’t need to duplicate the executor’s detailed inventory. Instead, confirm with the probate clerk which local forms or summaries they require alongside your petition. If you believe the inventory omits or undervalues assets, you can ask the court for a hearing or to inspect the full inventory before allowance approval.
In summary, you aren’t responsible for listing each personal property item when completing a year’s allowance. The executor’s court-verified inventory satisfies that requirement. Your role is to file the allowance petition, specify your requested support, and ensure the court has access to the estate inventory for proper calculation.
Helpful Hints
- Consult the probate clerk for local year’s allowance petition forms and instructions.
- Review the executor’s official inventory soon after it’s filed to verify completeness.
- If items seem missing or undervalued, request a court conference or file a motion to inspect the inventory.
- Prepare documentation of your living expenses to support the allowance amount you request.
- File your allowance petition before the court signs the final decree of distribution to protect your statutory rights.