Detailed answer: claiming an intestate share under Rhode Island law
Short answer: If your mother died without a valid will in Rhode Island, you claim a share of her estate through the Probate Court where she lived. The court supervises an administration process that identifies the heirs under Rhode Island intestacy rules, collects assets, pays debts, and then distributes what remains to the lawful heirs.
This is an overview of the practical steps, the legal framework, and what to expect. This is educational material only and not legal advice.
1. Who inherits when there is no will?
Rhode Island law decides heirs by relationship. The usual order is: surviving spouse, children (including legally adopted children), parents, siblings, and then more distant relatives. If no living relatives can be found, property can escheat to the state. The precise share each person receives depends on who survives the decedent and their relationship to the decedent.
For more on Rhode Island statutes governing wills and administration, see Rhode Island General Laws, Title 33 (Wills and Administration): https://webserver.rilin.state.ri.us/Statutes/TITLE33/INDEX.HTM.
2. Basic documents to get started
- Certified death certificate (order from Rhode Island Department of Health: https://health.ri.gov/records/).
- Any known financial records: bank statements, titles, deeds, life insurance policies, retirement accounts, and recent tax returns.
- Proofs of relationship: your birth certificate, the decedent’s marriage certificate, adoption records if applicable.
- List of likely heirs and contact information.
3. Open an estate case in Probate Court
If an estate needs formal administration, file a petition with the Rhode Island Probate Court in the district where your mother lived. The Probate Court appoints an administrator (often the surviving spouse, an adult child, or another heir). The administrator receives letters (letters of administration) authorizing them to act for the estate.
Rhode Island’s Probate and Family Court handles estate administration. See general court information here: https://www.courts.ri.gov/Courts/Pages/Probate-and-Family-Court.aspx.
4. Asset identification and claims
The administrator locates and values estate assets. Some assets avoid probate altogether — for example, property held in joint tenancy, accounts with a payable-on-death (POD) beneficiary, or life insurance and retirement accounts with named beneficiaries. Those pass directly to the named joint owner or beneficiary and do not become part of the probate estate.
The administrator must notify creditors and give them an opportunity to make claims. The estate pays valid expenses and debts before distributing assets to heirs.
5. Distribution to heirs
After debts, taxes, and administration costs are paid, the administrator distributes the remaining assets according to Rhode Island intestacy rules. If heirs cannot agree about the distribution or an heir believes the administrator is not following the law, the heir may file objections with the Probate Court and request a hearing.
6. Practical timelines and costs
The process can be quick for small estates with no disputes and assets that pass outside probate. Estates that require full administration typically take longer — often several months to a year — depending on complexity, creditor claims, tax matters, and whether heirs contest any part of the administration.
Probate involves court filing fees, possible publication or notice costs, appraisal fees for some assets, and administrator compensation. Attorneys are commonly hired when disputes or complex assets exist.
7. What to do if you believe you are an heir but you are being excluded
- Ask the administrator or the court for the estate file and accounting (it is generally a public record in the Probate Court).
- File a formal claim or objection in Probate Court if you believe the distribution is incorrect or if you have evidence of relationship or rights not considered by the administrator.
- Consider consulting an attorney experienced in Rhode Island probate if the estate is large, if there is suspected fraud, or if complex property or tax issues arise.
8. Example (hypothetical)
Suppose your mother died in Providence without a will and she owned a house solely in her name, a bank account in her name, and a life insurance policy naming her daughter as beneficiary. The life insurance beneficiary receives the policy proceeds directly. The house and bank account would generally go through Probate. Her adult children could ask the Probate Court to appoint one of them as administrator. The administrator would inventory the house and bank account, pay any funeral and creditor bills, and then distribute the remainder to the lawful heirs under Rhode Island intestacy law.
9. Where to find official rules and forms
Check Rhode Island General Laws, Title 33 for statutory rules and the Rhode Island Probate and Family Court website for local forms and procedures. Useful links:
- Rhode Island General Laws, Title 33 (Wills and Administration): https://webserver.rilin.state.ri.us/Statutes/TITLE33/INDEX.HTM
- Rhode Island Judiciary — Probate and Family Court information: https://www.courts.ri.gov/Courts/Pages/Probate-and-Family-Court.aspx
- Rhode Island Department of Health — Vital Records (death certificates): https://health.ri.gov/records/
Important disclaimer: This information is educational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation or to start a formal claim, consult a licensed Rhode Island attorney or contact the Probate Court.
Helpful Hints
- Get several certified copies of the death certificate early — many institutions require originals.
- Search for a will first: check the decedent’s personal papers, safe-deposit box, and mail for contact with an attorney.
- Identify and preserve original account statements, contracts, deeds, and insurance policies.
- Check beneficiary designations on retirement accounts and life insurance — those override intestacy.
- Keep a clear timeline and records of all estate transactions and communications with the Probate Court.
- If family members disagree, consider mediation through the Probate Court before costly litigation.
- Ask the Probate Court about streamlined or small-estate procedures if assets are modest.
- Hire a probate attorney if the estate has complex assets (business interests, out-of-state property, or tax issues) or if you expect disputes.
- Be mindful of creditor deadlines — claims against the estate can reduce the portion available for heirs.