Appointment as Estate Administrator or Co-Administrator in Rhode Island: FAQ

Disclaimer: This article explains general Rhode Island procedures and is for educational purposes only. It is not legal advice. Consult a licensed Rhode Island attorney about your specific situation.

What is an administrator or co-administrator?

An administrator is a person appointed by the probate court to manage and settle the estate of a deceased person who died without a valid will (intestate) or when the named executor cannot or will not serve. A co-administrator is two or more people appointed to serve together with the same duties and responsibilities.

Step-by-step: How to be appointed in Rhode Island

1. Confirm the need for an administrator

If the decedent left a valid will that names an executor who is willing and able to serve, the court will usually appoint that executor. If there is no will, or the named executor cannot serve, a court will appoint an administrator. If multiple people want to serve, the court follows statutory priority and the best interests of the estate.

2. Identify the correct probate court

Rhode Island has local probate courts organized by district. File your petition in the probate court that has jurisdiction where the decedent lived at death. See Rhode Island Probate Courts for locations and forms: https://www.courts.ri.gov/Courts/ProbateCourts/Pages/default.aspx.

3. Gather required documents

• Certified copy of the death certificate.
• Original will, if any.
• List of assets and estimated values (bank accounts, real estate, vehicles, investments, personal property).
• Names and addresses of potential heirs and creditors, if known.
• Your own identification and relationship proof to the decedent (e.g., marriage certificate).

4. File a Petition for Letters of Administration (or Administration with a Will Annexed)

Complete and file the probate petition form required by the local court asking to be appointed administrator (or co-administrator). The petition asks for basic facts: decedent’s name and address, date of death, whether a will exists, estimated value of the estate, and the petitioner’s relationship and residency.

Rhode Island probate forms and filing requirements vary by district; check the local court’s instructions and fee schedule: https://www.courts.ri.gov/Forms/Pages/Probate-Forms.aspx.

5. Priority and competing petitions

If more than one person petitions to be administrator, Rhode Island law establishes priority among heirs and interested persons. Typical priority order gives preference to the surviving spouse, then children, then other relatives, and finally creditors or other interested parties. If multiple people of equal priority ask to serve, the court may appoint co-administrators or hold a hearing to resolve the contest.

6. Notice to interested parties and possible hearing

The court will require notice to heirs, beneficiaries and other interested parties. If nobody objects, the court may appoint an administrator without a contested hearing. If there is an objection or competing petition, the court sets a hearing and decides who should serve.

7. Bond and waivers

The court commonly requires a surety bond to protect estate creditors and heirs. The bond amount depends on estate value. In some cases, heirs who are entitled to priority can sign a waiver of bond, reducing or eliminating the bond requirement. Discuss bond rules with the probate clerk or an attorney because bond handling affects timing and cost.

8. Letters of Administration

After appointment, the court issues Letters of Administration (sometimes called Letters Testamentary where a will exists and no executor is serving). These letters give the administrator legal authority to collect assets, pay debts, manage bank accounts, and distribute the estate following Rhode Island law and the court’s orders.

9. Duties after appointment

As administrator you will typically need to:

• Open an estate bank account and safeguard assets.
• Prepare and file an inventory of estate assets with the probate court.
• Give notice to creditors and pay valid claims in priority order.
• File required tax returns (estate and final income tax returns).
• Distribute remaining assets to heirs or beneficiaries under Rhode Island intestacy rules or the will.
• File a final accounting and petition to close the estate with the court.

How co-administrators work

The court can appoint two or more co-administrators. Co-administrators share authority. The probate court or the estate’s governing documents may set rules on whether actions require unanimous decisions, majority vote, or court permission for certain acts. Co-administration can complicate decision-making; courts sometimes prefer a single administrator unless co-administrators are necessary or cooperative.

Relevant Rhode Island law and where to read it

Rhode Island statutes that govern probate procedures, appointment of administrators, bond requirements, and intestate succession are located in the Rhode Island General Laws and are administered by the state’s probate courts. For statutes and chapter indexes, see the Rhode Island General Laws site (Title and chapter listings related to decedents’ estates and probate): https://www.rilegislature.gov/Statutes/. For practical filing rules, forms and local contact information visit the Rhode Island Judiciary’s probate courts page: https://www.courts.ri.gov/Courts/ProbateCourts/Pages/default.aspx.

Common problems and how to avoid them

• Missing or unclear will: If the will cannot be found, consult the court about filing an administration petition.
• Competing petitions: Talk to other family members early. If a dispute is likely, retain counsel to protect your position and avoid delays.
• Bond surprises: Ask the court clerk for an estimated bond amount before filing. If heirs can waive bond, get signed waivers when possible.
• Creditor claims: Preserve estate assets and handle creditor notices on time to avoid personal liability.

Helpful Hints

• Contact the probate court first. Clerks can tell you which forms to use and the local filing fees.
• Bring multiple certified copies of the death certificate; banks and government agencies often require them.
• Keep detailed records and receipts. The court and heirs will expect a clear accounting.
• If possible, get written waivers of bond from all heirs who have the legal priority to waive bond.
• Consider whether co-administration is necessary. If personalities or interests clash, a single neutral administrator or an attorney-administrator may be more efficient.
• Use an attorney for contested matters, complex estates, or if significant tax issues exist.
• To find a probate attorney in Rhode Island, check the Rhode Island Judiciary or the Rhode Island Bar Association referral resources.

If you want step-by-step help tailored to a particular family situation (for example: survivors, approximate estate value, presence of a will, or known creditors), consider making a short list of facts and consulting a Rhode Island probate attorney or the probate clerk in the court where the decedent was domiciled.