How to Verify a Valid Will and Estate Planning Documents in Rhode Island
Disclaimer: This article is for informational purposes only and is not legal advice. Consult an attorney licensed in Rhode Island for guidance on your specific situation.
Detailed Answer
When a loved one passes away, determining whether they left a valid will or other estate planning documents is crucial. In Rhode Island, you can confirm estate planning documents through several key steps:
1. Search the Decedent’s Personal Records
Start by reviewing the decedent’s home for safekeeping locations such as file cabinets, desk drawers, safe deposit boxes, or a home safe. Look for folders or envelopes labeled “Will,” “Estate Plan,” or similar terms. Check any digital files or cloud storage accounts for electronic copies.
2. Contact the Decedent’s Attorney or Financial Advisor
If the decedent used a lawyer or financial planner, they may have retained the original documents or copies. Reach out to any known law firms or advisors. They can confirm whether they drafted or hold the estate planning documents for your loved one.
3. Check With the Probate Court
Rhode Island does not maintain a statewide will registry, but original wills can be deposited with the probate court. If someone filed a will for safekeeping, the county Probate Court where the decedent lived will have a record.
- Locate the correct court: in Rhode Island, probate matters are handled by the District and Family Courts in each county.
- Submit a written request identifying the decedent by name and date of death.
- Find more information on wills deposited with the court under RI Gen. Laws 33-26-1: 33-26-1 Deposit of Will.
4. Examine Bank Safe Deposit Boxes
If the decedent rented a safe deposit box, the original will may have been stored there. Banks require a court order to access the box after death. Contact the bank with a copy of the death certificate and a court order granting access.
5. Review Public Notices and Local Newspapers
Sometimes, family members may publish notices requesting the location of estate planning documents. Review local newspaper archives or online public records for any notices after the decedent’s passing.
Helpful Hints
- Gather the decedent’s full legal name, date of birth, and date of death before contacting courts or banks.
- Keep copies of all correspondence and court filings.
- Consider hiring a probate attorney if you encounter difficulties locating documents.
- Ask close relatives or friends if they know of any stored documents or attorney information.
- Check for power of attorney and healthcare directives, which sometimes accompany wills in estate plans.