Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Rhode Island law, a deceased person’s bank account becomes part of the probate estate once the bank learns of the death. Only a court-appointed personal representative may access or withdraw funds. Rhode Island General Laws (RIGL) Title 33 governs probate administration. Here’s how to proceed:
1. Gather Key Documents
Collect the original death certificate, the decedent’s will (if available), and recent account statements. You generally need multiple certified copies of the death certificate, which you can obtain from the Rhode Island Department of Health Vital Records.
2. Petition the Probate Court
File a petition for probate in the Rhode Island District Court in the county where the decedent lived. Submit the original will (if any), a certified death certificate, a list of heirs or beneficiaries, and the required filing fee. RIGL § 33-5-6 authorizes the court to issue letters. RIGL § 33-5-6
3. Obtain Letters of Administration or Testamentary
Once the court approves your petition, it issues either “Letters of Administration” (if there’s no will) or “Letters Testamentary” (if there is one). These letters formally appoint you as personal representative and grant you authority over estate assets.
4. Present Your Letters to the Bank
Provide the bank with certified copies of your letters and the death certificate. The bank will then lift any freeze on the account. Requirements vary by institution, so call ahead to confirm documentation needs.
5. Open an Estate Account
Rhode Island banks typically require personal representatives to open a separate estate checking account. Deposit all incoming funds—interest, dividends, or otherwise—into this estate account to keep personal and estate assets separate.
6. Pay Debts and Distribute Remaining Funds
Use the estate account to pay valid creditor claims, funeral expenses, and administrative costs in the priority order set out in RIGL § 33-5-14. RIGL § 33-5-14 After debts and expenses are settled, distribute the remaining balance to heirs under the will or, if there’s no will, under the intestacy rules in RIGL Chapter 13. RIGL § 33-5-16
Helpful Hints
- Order at least five certified copies of the death certificate—banks often require originals.
- Maintain a detailed ledger of every transaction made from the estate account.
- Notify all known creditors and publish notice in a local newspaper for unknown creditors.
- Use the Rhode Island Judiciary website to download official probate forms and instructions.
- If the estate holds real estate or business interests, consider consulting a probate attorney.