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Detailed answer: Step-by-step guidance under Rhode Island law

This section explains the practical steps you will typically take to settle a decedent’s estate where the decedent was domiciled in Rhode Island, and how to handle any real or titled property located in another state. This is general information to help you prepare and decide when to consult an attorney. This is not legal advice.

1. Confirm domicile, locate the will, and secure the property

First, determine the decedent’s domicile (the state where they lived and intended to remain). If the decedent was domiciled in Rhode Island, you will normally open the primary probate case in Rhode Island. Locate the original will (if any), find keys, insurance papers, deeds, and make a list of assets and liabilities. Secure real estate, vehicles, and valuable personal property to prevent loss or theft.

2. File for probate in the Rhode Island probate court of proper jurisdiction

If there is a will, an executor named in the will should file a petition for probate with the Rhode Island probate court in the municipality where the decedent was domiciled. If there is no will, a close family member can petition to be appointed administrator. The rules and procedures for administration are set out in Rhode Island probate law. See Rhode Island General Laws, Title 33 (Probate and Administration): R.I. Gen. Laws – Title 33 and the administration chapter: R.I. Gen. Laws – Chapter 33-15 (Administration of Estates).

3. Get letters testamentary or letters of administration

After the court accepts the will (if there is one) or appoints an administrator (if no will), the court issues official documents (often called letters testamentary or letters of administration) that authorize the personal representative to act for the estate—collect assets, pay bills, sell property if needed, and distribute assets.

4. Inventory, appraisal, and notice to creditors

The personal representative must identify and value estate property and handle creditor claims. Rhode Island law requires appropriate inventories and creditor notice procedures in probate administration. See the probate statutes at R.I. Gen. Laws, Chapter 33-15. You also should check the Rhode Island Judiciary’s probate forms and guidance for local filing and notice rules: Rhode Island Judiciary — Probate Forms & Information.

5. Pay valid debts, taxes, and expenses

The estate pays valid debts, funeral expenses, administration expenses, and taxes before distributions. Rhode Island may have specific tax filing and payment responsibilities for estates; check the Division of Taxation and consult counsel or a tax professional where estate tax or income tax issues may apply: Rhode Island Division of Taxation.

6. Distribute assets under the will or Rhode Island intestacy rules

After debts and taxes are paid and the court approves final accounting, distribute assets to beneficiaries under the will or, if there is no will, according to Rhode Island’s intestacy statutes (see Title 33). If the estate is complex or contested, distributions often occur only after the court approves a final accounting.

7. Handling property located in another state (ancillary administration)

If the decedent owned real estate or titled property (land, a house, some motor vehicles, or certain accounts) located in another state, you usually must take additional steps in that other state to transfer title. Typical options include:

• Opening an ancillary probate or ancillary administration in the state where the property is located. Ancillary administration is a secondary probate proceeding that recognizes the primary Rhode Island appointment and allows transfer of out-of-state assets.
• Using non-probate transfer methods if they exist — for example, joint tenancy with right of survivorship, payable-on-death or transfer-on-death designations, or a beneficiary deed (if that other state allows it). These may avoid ancillary probate.
• Using a small-estate affidavit or summary transfer process in the other state if the value of that property qualifies under that state’s small-estate rules.

Because ancillary procedures, forms, thresholds, and timelines vary by state, you will generally need to consult or retain an attorney licensed where the property sits or work with a title company or an attorney who handles multi-state estates.

8. Record transfers and clear title

To sell or transfer out-of-state real property, you must record appropriate deeds and affidavits in the county recorder/registry in the state where the property sits. If an ancillary probate was opened there, the ancillary court will usually issue an order or ancillary letters allowing the transfer. Work with local counsel or a title company to ensure the deed is properly prepared and recorded.

9. Close the estate

After assets are distributed and required filings are complete, file a final accounting with the Rhode Island probate court and petition to close the estate. Keep copies of all records for several years in case questions arise.

When you will likely need an attorney

Consider hiring a lawyer if any of the following apply: complex or contested will, significant real property (especially in another state), tax concerns, multiple creditors, or disagreement among heirs. An attorney can file probate paperwork, handle notices, coordinate ancillary proceedings in other states, help clear title, and reduce delay and liability risk.

Helpful Hints

• Gather documents immediately: original will, certified death certificate(s), deed(s), vehicle titles, bank statements, retirement account statements, insurance policies, mortgage statements, and bills.
• Obtain multiple certified copies of the death certificate. Many institutions require an official copy to transfer assets.
• If property exists in another state, identify exactly how title is held (solely, joint tenancy, POD/TOD, life estate, etc.). That determines whether probate is necessary there.
• Check for transfer-on-death or beneficiary designations — many assets pass outside probate if designations exist and are up-to-date.
• Expect timeframes: a straightforward Rhode Island probate may take several months; complex estates or ancillary proceedings can take a year or more.
• Keep meticulous records of every financial transaction, communication, and court filing. The court may require an accounting before closing the estate.
• Be cautious about selling out-of-state property before confirming who has legal authority to sell (usually the personal representative or via an ancillary court order).
• If an out-of-state title company is used for a sale, confirm whether they require an ancillary probate order or accepted transfer document from your state’s probate court.
• Confirm any estate or inheritance tax responsibilities with the Rhode Island Division of Taxation and the tax authority in the state where the property is located.
• Consider a short consultation with a Rhode Island probate attorney early in the process to identify necessary filings and whether ancillary probate will be required elsewhere.

Useful Rhode Island resources

• Rhode Island General Laws — Title 33 (probate and administration): https://webserver.rilin.state.ri.us/Statutes/TITLE33/INDEX.HTM
• Probate administration chapter (examples and procedure): https://webserver.rilin.state.ri.us/Statutes/TITLE33/33-15/INDEX.HTM
• Rhode Island Judiciary — probate forms and local court information: https://www.courts.ri.gov/Forms/Pages/ProbateForms.aspx
• Rhode Island Division of Taxation: https://tax.ri.gov/