Detailed Answer
When a loved one passes away in Rhode Island, you must file their original will or a certified court copy to start probate administration. Probate takes place in the Superior Court – Probate Division – in the county where the decedent lived. Follow these steps to locate, obtain, and submit the necessary documents.
- Locate the Original Will
Check the decedent’s safe deposit box, personal files, or the attorney’s office that drafted the will. Family members or the nominated executor often hold the original. If you find multiple versions, identify the most recent signed document. - Obtain a Filed Copy if the Original Is Lost
If you cannot locate the original, request a certified copy from the Probate Division where the will was first filed. Under R.I. Gen. Laws § 33-13-1, you can obtain a certified copy by submitting a written request and paying a nominal fee. R.I. Gen. Laws § 33-13-1 - File the Will with the Probate Court
Within 30 days of appointment, the executor must lodge the original will or certified copy with the clerk. R.I. Gen. Laws § 33-15-3 requires this deposit to maintain an accurate court record. Include the decedent’s death certificate, petition for probate, and any forms the court mandates. R.I. Gen. Laws § 33-15-3 - Pay Filing Fees and Complete Required Forms
Probate filing fees vary by county. Check the local court’s fee schedule online or by calling the clerk’s office. Complete standard forms: petition for probate, notice to creditors, and any inventory schedules. Submit all paperwork together to avoid delays. - Attend the Probate Hearing
The court schedules a hearing date. The executor should attend to swear in, confirm notice requirements, and receive Letters Testamentary. Once appointed, the executor has legal authority to manage and distribute estate assets.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Helpful Hints
- Act promptly. Rhode Island law generally requires filing within 30 days of the executor’s appointment.
- Keep copies of all documents you file. Retain a digital backup of the will, death certificate, and submitted forms.
- Verify fee amounts before you go to court. Some counties accept online payment, but others require in-person transactions or checks.
- Confirm hearing dates with the clerk. Probate calendars fill quickly, and missing a hearing can delay estate administration.
- Consider consulting probate guides available on the Rhode Island Judiciary’s website for sample forms and procedures.