Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance tailored to your situation.
Detailed Answer
Statutory Priority for Letters of Administration
Rhode Island law establishes a ranked list of heirs entitled to letters of administration. Under R.I. Gen. Laws § 33-15-7 (link), the order is:
- Surviving spouse;
- Adult children;
- Grandchildren;
- Parents;
- Siblings;
- Other next of kin;
- Creditors;
- Public administrator.
Bypassing a Higher-Priority Heir
If the client wishes to secure appointment despite a higher-priority heir, the probate court will consider whether that heir:
- Renounces or waives their right (R.I. Gen. Laws § 33-15-11);
- Fails to apply or qualify within 30 days after notice;
- Is legally disqualified or incapacitated (for example, under a disability or convicted of a disqualifying felony);
- Is under a court‐appointed conservatorship or guardianship.
Required Court Filings
The client should file a petition for letters of administration in the probate division of the Rhode Island Superior Court. The petition must include:
- Proof of death and heirship;
- Statement of the statutory relationship to the decedent;
- Filed renunciations or waivers from higher-priority heirs, if available;
- Evidence of any disqualification or inability of the higher-priority heir to serve;
- Notice of the hearing served on interested parties.
Court’s Discretion and Hearing
At the hearing, the probate judge reviews all documents and any objections. The judge may appoint the client if the higher-priority heir has validly renounced, is disqualified, or fails to appear. Even without renunciation, courts can use discretion to appoint the next eligible person if fairness and estate administration require it.
Helpful Hints
- Begin discussions with the higher-priority heir early to explore renunciation.
- Obtain certified death certificates and heirship affidavits before filing.
- Check local probate rules for filing fees and procedural deadlines.
- Keep copies of all renunciations, waivers, and court submissions.
- Attend the hearing prepared to explain why the client is best suited to serve.
- Consult the probate clerk’s office for questions about required forms.