Detailed Answer

Short answer: To apply to serve as administrator of your mother’s estate in Rhode Island when she died without a will (intestate), you file a petition with the local Probate Court where she lived, provide proof of death and family relationship, notify interested persons, and wait for the court to appoint you (possibly with a bond and other requirements). This article explains the step-by-step process, what the court will consider, your duties if appointed, likely timelines, and where to find official forms and statutes.

What court handles the matter

The Probate Court in the city or town where your mother lived at the time of death handles estate openings and appointments of administrators in Rhode Island. You begin by filing a petition in that Probate Court. For general information about Rhode Island Probate Courts, see the Rhode Island Judiciary: https://www.courts.ri.gov/.

Relevant law (where to read the statutes)

Rhode Island’s laws on estates, probate procedure, and intestacy are in Title 33 of the Rhode Island General Laws. You can review Title 33 on the Rhode Island General Assembly website: https://webserver.rilegislature.gov/Statutes/TITLE33/. The court will follow these statutes when appointing an administrator and distributing assets under intestacy rules.

Who can apply to be administrator

When someone dies without a will, the Probate Court normally favors close family members to serve as administrator. Typical priority among potential administrators includes the surviving spouse, adult children, parents, siblings, and other next-of-kin. If multiple people of the same priority seek appointment, the court may weigh factors such as willingness to serve, capability to perform duties, and any family agreements. If no suitable family member is available, the court can appoint a neutral person or a public fiduciary.

Step-by-step: How to apply

1. Get several certified copies of the death certificate. The Probate Court will require an official death certificate to open the estate.
2. Identify the correct Probate Court. File in the Probate Court in the municipality where your mother resided.
3. Obtain the required petition form or file a written petition. Many Probate Courts have a standardized petition to appoint an administrator (sometimes called “Petition for Administration” or “Petition to Open Estate and Appoint Administrator”). Check the local court’s website or call the clerk for exact forms and filing instructions.
4. Assemble supporting documents. Typical attachments include the death certificate, a list of heirs and addresses (names and relationships of children, spouse, parents, etc.), an inventory of known assets (bank accounts, real estate, vehicles, personal property), and proof of your identity and relationship (birth certificate, family records, etc.).
5. Pay the filing fee. Probate courts charge filing fees. Ask the clerk about the current fee and whether fee waivers apply if you cannot pay.
6. File the petition and notify interested persons. After filing, the court may require that certain heirs and creditors receive notice. Rhode Island law requires notice procedures to protect interested parties, and the court clerk will explain the required notices.
7. Attend any scheduled hearing. The court may schedule a short hearing to review the petition. If no one objects and you meet the legal qualifications, the court will likely appoint you as administrator.
8. Post bond if required. The court sometimes requires an estate bond (a type of insurance protecting the estate from mismanagement). The court may waive the bond for close family members in some situations; ask the clerk or consult the statute.
9. Obtain Letters of Administration. If the court appoints you, it will issue official documents (often called “Letters of Administration” or similar) that show you have authority to act for the estate. Banks and other institutions will typically require these letters before releasing funds.

Duties of an administrator

As administrator you will have immediate and ongoing responsibilities, including:

• Collecting and securing estate assets;
• Notifying creditors and paying valid debts, taxes, and funeral expenses from estate funds;
• Inventorying the estate and filing inventories with the court if required;
• Filing any required tax returns (estate and final personal income tax returns);
• Distributing the remaining assets to heirs according to Rhode Island intestacy rules;
Keeping clear records and reporting to the court when required, and closing the estate when administration is complete.

Typical timeline and common fees

Timelines vary with estate complexity, creditor claims, and court schedules. Simple uncontested estates can often be opened and an administrator appointed in a few weeks. Administration and final distribution can take several months to a year or more if there are debts, tax issues, or complex assets.

Expect filing fees, possible publication fees for creditor notice, bond premiums (if a bond is required), and legal fees if you hire an attorney. The court clerk can list current fees.

What if someone contests your appointment

Another relative or interested person can object to your appointment. The court will hold a hearing and consider evidence about who is best qualified and entitled under the law. If the court denies your petition, it will appoint another qualified person.

When to consult an attorney

You can often handle a small, straightforward estate yourself. Consider consulting a Rhode Island attorney if the estate includes real estate in multiple states, substantial or contested creditor claims, tax issues, business interests, disputes among heirs, or if you want help preparing court filings and inventories. To find local probate counsel, you can consult the Rhode Island Bar Association or the court’s list of resources on the Rhode Island Judiciary website.

Where to get forms and more help

• Rhode Island Judiciary (local Probate Court pages and contact info): https://www.courts.ri.gov/
• Rhode Island General Laws, Title 33 (probate and estates): https://webserver.rilegislature.gov/Statutes/TITLE33/
• Contact the clerk of the Probate Court in the town or city where your mother lived for local forms, current fees, and procedural instructions.

Disclaimer

This article provides general information about Rhode Island probate procedure and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Rhode Island attorney or contact the local Probate Court.

Helpful Hints

• Bring multiple certified copies of the death certificate—banks and agencies often require originals.
• Prepare a short written family tree showing names, relationships, and contact addresses for heirs—this speeds the petition review.
• List known creditors and bills (funeral, medical) so the court and estate can handle urgent claims promptly.
• Ask the Probate Court clerk for the exact petition form and a checklist—clerks routinely assist filers with procedural questions.
• Keep detailed records and receipts for every estate transaction; you will account to the court and heirs.
• If you expect disputes, consider hiring an attorney early to reduce delays and litigation cost.
• Ask whether a bond is required and, if so, obtain quotes from sureties before the hearing.
• If the estate is small (low value), ask the clerk whether a simplified or summary probate process is available in Rhode Island.