Opening Probate in Rhode Island from Out of State: A Step-by-Step FAQ

Short answer: You can open probate in Rhode Island even if you live out of state. The court that handles the matter depends on where your sibling was domiciled when they died and where their property is located. You will need to gather key documents, choose whether to act as personal representative (executor/administrator), and file the proper petition with the local Rhode Island probate court. This article explains the common steps, when Rhode Island is the right place to open probate, and practical tips for non‑resident petitioners.

Disclaimer

This is general information only and is not legal advice. Laws change and every estate is different. Consult a licensed Rhode Island attorney or the probate court for guidance tailored to your situation.

When should you open probate in Rhode Island?

Rhode Island probate has primary authority to administer the estate of a person who was domiciled (lived) in Rhode Island at death. If your sibling was domiciled in Rhode Island, you generally open a full probate administration there. If your sibling was domiciled in another state but owned real estate or certain accounts located in Rhode Island, you may need to open an ancillary probate in Rhode Island limited to those local assets.

See R.I. General Laws Title 33 (Wills, Intestate Succession, Administration of Estates) for rules on venue and administration: https://webserver.rilegislature.gov/Statutes/TITLE33/

Basic steps to open probate while living out of state

1. Confirm domicile and inventory of assets. Determine where your sibling was domiciled at death and list major assets (real estate, bank accounts, brokerage accounts, safe deposit boxes, vehicles). If most assets are in Rhode Island or the decedent was domiciled here, file in a Rhode Island probate court.
2. Locate the will (if any). If there is a will, find the original document. The will is usually submitted to the probate court in the decedent’s county of domicile.
3. Obtain certified death certificate copies. You will need certified copies of the death certificate for the probate filing and for banks/other institutions.
4. Contact the appropriate Rhode Island probate court. File in the probate court for the city or town where the decedent was domiciled. If you are unsure which court, contact the statewide probate court administrative office or check the court website: https://www.courts.ri.gov/Courts/ProbateFamily/Pages/default.aspx
5. Decide whether to petition to be personal representative. If you want to serve, file a petition for appointment (often called petition for letters testamentary or letters of administration depending on whether a will exists). If you do not want to serve, the court will accept petitions from another qualified person.
6. Complete and file the required forms and pay fees. Rhode Island probate courts require specific forms and sometimes a filing fee and probate bond. Use the court’s probate forms page for guidance: https://www.courts.ri.gov/Forms/Pages/ProbateForms.aspx
7. Provide notice and follow court procedures. The court may require notice to heirs and creditors and may schedule a hearing. Follow the court’s directions carefully. If the will is contested, additional procedures apply.
8. If appointed, manage estate administration. The personal representative collects assets, pays debts and taxes, and distributes assets according to the will or Rhode Island intestacy law.

Practical considerations for out-of-state petitioners

• Nonresident personal representatives: Many states allow nonresidents to serve as personal representatives, but the court may require a local agent, a local co-representative, or a probate bond. Ask the local probate clerk about any nonresident requirements for the county where you file.
• Remote filing and representation: Some Rhode Island probate courts accept filings by mail and may allow remote appearances by phone or video. However, judges and clerks can vary by county—confirm procedures with the specific court.
• Hire local counsel when helpful: If the estate is large, has real estate, or is contested, hiring a Rhode Island probate attorney can simplify matters. A local lawyer can appear in court, prepare filings, and advise on Rhode Island‑specific issues (e.g., estate tax, bond requirements).
• Ancillary probate: If the decedent was domiciled outside Rhode Island but held Rhode Island real estate or RI‑based accounts, you may need ancillary probate limited to those assets in Rhode Island. Coordinate administration with the primary probate in the decedent’s home state.
• Time limits and creditor notices: Rhode Island law sets timeframes for creditor claims and other deadlines—missing deadlines can affect estate administration. Check Title 33 for creditor claim rules and timelines: https://webserver.rilegislature.gov/Statutes/TITLE33/

Documents and information you’ll typically need

• Certified death certificate
• Original will (if any)
• Names, addresses, and relationships of heirs and beneficiaries
• Property list and valuations (real estate, bank accounts, vehicles, retirement accounts)
• Account numbers and institution contact information
• Outstanding bills and creditor information
• Social Security numbers for decedent and beneficiaries (used for tax filings)

Costs, timelines, and common questions

Costs: Expect filing fees, possible bond costs, publication fees for creditor notice, and attorney fees if you hire counsel. These vary by county and estate complexity.

Timelines: Simple probate may complete in months; complex or contested estates can take a year or longer. The court monitors administration and issues final discharge when duties are complete.

Can I act from out of state? Yes—you can petition and, if appointed, administer the estate remotely in many cases. Be prepared to cooperate with local banks, title companies, and the court. Consider appointing a local attorney or agent if frequent court appearances are likely.

Where to get help and useful Rhode Island links

• Rhode Island Judiciary — Probate Court information: https://www.courts.ri.gov/Courts/ProbateFamily/Pages/default.aspx
• Rhode Island Probate forms and filing instructions: https://www.courts.ri.gov/Forms/Pages/ProbateForms.aspx
• R.I. General Laws, Title 33 (Wills and Estates): https://webserver.rilegislature.gov/Statutes/TITLE33/

Helpful Hints

• Start by calling the probate clerk in the town where the decedent lived — clerks can confirm forms, fees, and local procedures.
• If there is a will, submit the original as soon as possible; do not sign or alter it.
• Get several certified death certificates—institutions often require originals.
• Keep careful records and copies of all filings, notifications, and receipts.
• Consider a narrow auxiliary probate in Rhode Island if the decedent’s primary estate is being administered in another state but RI assets exist.
• If family relationships are complicated or potential contests exist, seek a Rhode Island probate attorney early.

Need next steps? If you tell me whether your sibling was domiciled in Rhode Island or another state, and whether you found a will or know of Rhode Island assets, I can outline the specific forms and likely court for your situation.