Detailed Answer
In Rhode Island, letters of administration authorize a personal representative to manage and distribute a decedent’s estate when there is no valid will. You must petition the Probate Division of the Superior Court in the county where the decedent resided at death or owned real property.
1. Verify Eligibility and Venue
Under R.I. Gen. Laws §33-12-1 (link), the decedent’s spouse, next of kin, or a creditor may file. Confirm that you meet these requirements and choose the proper Superior Court location.
2. Prepare the Petition
Use the Rhode Island Judiciary’s Petition for Letters of Administration (Form PC-101). The petition must include:
- Decedent’s full name, date of death, and last residence
- Petitioner’s relationship to the decedent
- Estimated value and brief description of estate assets
- Names and addresses of known heirs and potential creditors
3. Gather and Complete Supporting Forms
File Form PC-101 with these additional forms:
- Notice of Probate Hearing (Form PC-102): Notifies heirs and interested parties of the hearing date.
- Affidavit of Publication (Form PC-103): Proof of newspaper notice to creditors per R.I. Gen. Laws §33-12-15 (link).
- Probate Bond (Form PC-104): A surety bond if the court requires one under R.I. Gen. Laws §33-16-1 (link).
- Inventory of Estate Assets (Form PC-105): Initial inventory under R.I. Gen. Laws §33-13-1 (link).
4. File the Petition and Pay Fees
Submit all completed forms to the Probate Division clerk along with the filing fee set by the Rhode Island Judiciary. Ensure the bond (if required) is posted by a licensed surety company.
5. Attend the Probate Hearing
The court schedules a hearing to review your petition, bond, and notices. If the judge approves, they will issue Letters of Administration (Form PC-106), granting you authority to administer the estate.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Locate and safeguard the decedent’s important documents (titles, deeds, bank statements).
- Prepare a preliminary asset and debt checklist before filing.
- Serve notice to creditors promptly and track all dates.
- Maintain clear records of all financial transactions made on behalf of the estate.
- Check the Rhode Island Judiciary website for the latest form versions and fee schedules.