Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for your specific situation.
Detailed Answer
When a decedent holds a life insurance policy without naming a beneficiary, Rhode Island law directs that the insurer pay the proceeds to the decedent’s estate. To enforce this distribution, follow these steps under Rhode Island probate law:
- Verify policy status. Obtain a certified copy of the life insurance policy from the insurer. Confirm in writing that no beneficiary designation exists.
- Open a probate estate. File a petition for probate in the Superior Court in the county where the decedent lived. Include an inventory of assets identifying the life insurance policy.
- File a claim with the insurer. Submit a certified copy of the letters testamentary or letters of administration to the insurer. Under R.I. Gen. Laws § 27-7-2, the insurer must pay proceeds to the personal representative when no beneficiary is designated.
- Include proceeds in estate assets. Once you receive the proceeds, report them in the estate’s account and inventory. They then become subject to Rhode Island’s intestate succession laws.
- Distribute under intestacy rules. If the decedent died without a will, distribute proceeds according to R.I. Gen. Laws § 33-15-3. For example, if the decedent left a surviving spouse and children, the spouse receives the first $100,000 plus half the balance, and the children share the remainder.
- Obtain court approval. Prepare and file a final accounting with the probate court. The court will review and approve the distribution. After approval, you may disburse the funds to heirs or beneficiaries in accordance with the court order.
Helpful Hints
- File all petitions and inventories promptly; Rhode Island imposes strict timelines.
- Notify all potential heirs and creditors as required by probate notice rules.
- Maintain detailed records of communications with the insurer and court filings.
- Be prepared to provide certified copies of death certificates and court letters to the insurance company.
- Consult probate fee schedules; court costs and publication fees may apply.
- Consider mediation if siblings or other heirs dispute the distribution.