Detailed Answer
This section explains how someone who is a sibling can be appointed to handle an estate in Rhode Island when the decedent died without a will (intestate). It covers who has priority to serve, basic qualifications, what you must file with the probate court, and what to expect after appointment.
Who can be appointed: order of priority
Rhode Island law gives priority to certain relatives when someone dies without a will. In plain terms, the court looks first for a surviving spouse or descendants (children, grandchildren). If none exists, the court considers parents, then siblings and their descendants. If you are a sibling and there are no higher-priority heirs (no spouse, no children, no parents), you are among the relatives the court will consider for appointment as the estate’s administrator.
For the governing statutes and the state law scheme, see Rhode Island General Laws, Title 33 (Wills, Trusts, and Estates): https://www.rilegislature.gov/Statutes/Title33/Pages/default.aspx.
Basic qualifications to be appointed
- You must be an adult (legally competent).
- You should be a person of suitable character; the probate court can refuse to appoint someone with conflicts or serious disqualifying issues (for example, certain felonies or conflicts with estate interests).
- You must have standing as an interested person under Rhode Island probate rules (typically, a next-of-kin).
How to apply for appointment as administrator
Steps you will typically follow in Rhode Island:
- Locate the correct probate court for the place where the decedent lived. Rhode Island’s Probate/Family Court has information and local contact details: https://www.courts.ri.gov/Courts/ProbateFamilyCourt/Pages/default.aspx.
- File a petition for administration (sometimes called petition for letters of administration or appointment of personal representative). The petition identifies the petitioner, the decedent, heirs, and known assets and liabilities.
- Provide required documents: certified death certificate, proof of relationship (birth certificates, family records), and any other paperwork the court requests.
- Give notice to interested persons (other heirs). The court will usually require notice so other potential administrators or heirs can object or nominate themselves.
- If the court approves, it will issue letters of administration (official authority to act for the estate). The court may require you to post a bond unless the heirs agree to waive the bond.
What the court considers when multiple siblings want to serve
If more than one sibling applies, the court will consider who is best suited to manage the estate. Factors include the relative relationship, ability to administer, prior agreements among heirs, and any objections from other heirs. Siblings can avoid contested proceedings by reaching agreement and asking the court to appoint a specific sibling with heirs’ written consent.
Duties and what follows appointment
- Once appointed, the administrator collects and safeguards assets, inventories estate property, pays valid debts and taxes, and distributes remaining assets according to Rhode Island intestacy rules.
- The administrator must file inventories and accountings with the probate court and follow court deadlines and procedures.
- Heirs may ask the court for an accounting if they think the administrator is not performing duties properly.
What to do if you are turned down or somebody else is appointed
If you are not appointed, you can object and ask the court to reconsider, or you can seek to be appointed as successor administrator if the appointed person is unable or unwilling to serve. If the situation is contested or complex (multiple heirs, disputes about assets, or creditor issues), consider consulting a probate attorney.
Useful state resources: Rhode Island statutes (Title 33) and the Rhode Island Judiciary Probate/Family Court pages are the primary state resources for forms, local court contact details, and procedural rules: Rhode Island General Laws, Title 33 and Rhode Island Probate/Family Court.
Short hypothetical example
Imagine a person who lived in Providence dies leaving no spouse or children and no will. Their parents predeceased them. The decedent has two siblings. Either sibling may petition the Providence Probate Court to be appointed administrator. If both agree on one sibling, the court typically appoints the agreed sibling and may waive a bond if heirs consent. If the siblings disagree, the court evaluates who should serve or may appoint one and require a bond.
Helpful Hints
- Before filing, gather key documents: certified death certificate, your ID, proof of your relationship (birth certificates or other family records), and any information about the decedent’s assets and debts.
- Contact the local probate court clerk for specific forms and any local filing fees. Clerks can explain the process but not give legal advice.
- If other heirs live out of state or are hard to locate, start trying to contact them early; the court will require notice to interested parties.
- Be prepared to post a bond unless all heirs sign a waiver. A bond protects the estate against fiduciary misconduct.
- If the estate has significant assets, complicated debts, or disputes among heirs, consult a probate attorney experienced in Rhode Island law to avoid costly mistakes.
- Keep clear records and receipts for all estate transactions; you will account for them to the court and the heirs.
- Act promptly on deadlines. Probate often has strict timelines for filing inventories, notices, and accountings.
Disclaimer: This information is educational and general in nature and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation, contact a licensed Rhode Island probate attorney or the local probate court.