Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Identifying and Inventorying Assets
When a person dies without a will in Rhode Island, the court appoints a personal representative (also called an administrator). That fiduciary must locate, identify, and value all real and personal property owned by the decedent as of the date of death. Under R.I. Gen. Laws § 33-23-5, the administrator must file a formal inventory with the probate court, typically within 90 days of appointment (R.I. Gen. Laws § 33-23-5).
2. Real Property
Real property includes land, homes, and commercial buildings. The administrator reviews deeds at the city or town clerk’s office to confirm ownership and title status. A title search reveals mortgages, liens, or easements. If multiple parcels exist, each must be listed separately in the court inventory.
3. Personal Assets
Personal assets cover bank accounts, investments, vehicles, household goods, jewelry, and digital property. The administrator gathers account statements, insurance policies, and vehicle titles. In some cases, appraisals by qualified professionals help establish fair market values.
4. Probate Inventory Filing
After identifying assets, the administrator submits the inventory document with item descriptions and values. Creditors have notice and may file claims against the estate. Once bills and valid claims are settled, the remaining assets move to distribution under Rhode Island’s intestacy statutes.
5. Distribution Under Intestacy
Rhode Island’s intestacy rules appear in Chapter 33-1 of the General Laws. Key provisions include:
- Surviving Spouse: If the decedent leaves a spouse but no descendants, the spouse inherits the entire estate (R.I. Gen. Laws § 33-1-5).
- Spouse and Children: If the decedent leaves a spouse and descendants of the decedent and spouse, the spouse receives the first $50,000 plus one-half of the balance. The children split the remainder (R.I. Gen. Laws § 33-1-5).
- No Spouse: If there is no spouse, the estate passes to the decedent’s children equally, or if none, to parents, siblings, and more remote relatives in order of kinship (R.I. Gen. Laws § 33-1-6).
6. Hypothetical Example
Suppose Jane Doe dies intestate, owning her home valued at $300,000, $100,000 in retirement accounts, and personal effects worth $20,000. She leaves a spouse and two children. Under R.I. Gen. Laws § 33-1-5, her spouse receives $50,000 plus half of the remaining $370,000, totaling $235,000. The two children split the other $185,000 equally.
Helpful Hints
- Begin gathering deeds, titles, and account statements right away to meet probate deadlines.
- Order professional appraisals for valuable or unusual assets.
- Notify potential heirs early to reduce disputes.
- Keep a detailed record of all estate expenses and distributions.
- Consult a licensed Rhode Island probate attorney to guide you through court procedures.