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Detailed Answer

When someone dies without a valid will (intestate), the Rhode Island Probate Court appoints an administrator to manage the estate. Under R.I. Gen. Laws. § 33-15-1^[33-15-1], an “administrator” handles asset collection, debt payment, and distribution to heirs. A potential heir can become administrator by following these steps:

1. Identify Eligible Heirs: Review R.I. Gen. Laws. § 33-15-7^[33-15-7]. Priority goes to the surviving spouse, then children, parents, siblings, and other next of kin. Potential heirs must verify their relationship to the decedent with birth certificates, marriage licenses, or affidavits.
2. File a Petition for Administration: Submit a petition in the probate court of the decedent’s last domicile. The petition names the proposed administrator and lists known heirs. The clerk assigns a case number and schedules a hearing.
3. Provide Notice to Interested Parties: Send written notice to all heirs and creditors at least five days before the hearing. Notice requirements appear in R.I. Gen. Laws. § 33-15-8. This ensures everyone has an opportunity to object to the appointment.
4. Secure an Administrator’s Bond: The court usually requires a bond to protect estate assets. R.I. Gen. Laws. § 33-15-9^[33-15-9] sets bond amounts based on estate value. Bonds may be waived for close family members if the court approves.
5. Attend the Appointment Hearing: At the hearing, the judge reviews the petition, bond, and any objections. If eligible and no higher-priority heir objects, the judge issues Letters of Administration, officially appointing the petitioner as administrator.
6. Obtain “Letters of Administration”: These court-issued documents authorize the administrator to act on behalf of the estate—collect assets, pay debts, and distribute property per Rhode Island’s intestacy rules.

Once appointed, the administrator must file an inventory, manage estate assets prudently, and distribute property according to R.I. Gen. Laws. §§ 33-15-12 to 33-15-17.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.

Helpful Hints

• Gather proof of your relationship to the decedent before filing.
• Reach out to all potential heirs early to minimize objections.
• Compare bonding companies to find the most affordable bond rate.
• Keep detailed records of all estate transactions and communications.
• Contact the probate clerk’s office for local filing requirements and fees.