Short answer
Rhode Island probate practice generally requires an administrator (a personal representative appointed when someone dies without a will) to post a probate bond unless the probate court orders otherwise. In many cases the court will set the bond amount based on the estimated value of the estate. The court can waive the bond requirement in some situations—for example, when all interested heirs sign a written waiver or when the court finds a waiver is appropriate—but the court has the final say.
Detailed answer — How Rhode Island handles administrator bonds
This section explains how the bond requirement typically works, when a waiver is possible, and the practical steps you will usually take in Rhode Island probate court.
1. Purpose of the bond
A probate bond (also called a fiduciary or administrator bond) protects the estate’s creditors and beneficiaries. If an administrator mismanages assets, the bond provides a source of recovery for losses.
2. Who normally must post a bond?
When a person dies intestate (without a will), the probate court appoints an administrator. The court typically requires that administrator to post a bond before issuing letters of administration. The court uses information you provide about the estate to set the bond amount.
3. How the court determines the bond amount
The court will look to the estate’s probable value and the character of estate assets (cash, investments, real property, business interests). Courts often set the bond at an amount sufficient to cover the value of personal property and income likely to come into the administrator’s hands while administering the estate. The exact calculation varies by case and the court’s practice.
4. Ways a bond can be posted
- Corporate surety bond (most common): a bonding company issues the bond for a premium.
- Personal sureties: family members or others post their own security (less common and requires court approval).
- Court-allowed alternatives: sometimes the court allows a lesser form of security or a personal undertaking if circumstances justify it.
5. When the court can waive the bond requirement
Rhode Island probate courts can waive or reduce the bond in appropriate circumstances. Typical scenarios where a waiver or reduction may be granted:
- All interested persons (heirs and other parties with a known interest) sign and file a written waiver or consent to appointment without bond.
- The estate is very small or the assets present little risk of loss (the court will evaluate risk).
- The court finds a proposed administrator is trustworthy and the equities justify a waiver (e.g., the administrator is the sole heir and there are no creditors opposed).
Note: even with unanimous heir consent, the court may still require a bond if statutes, rules, or a particular factual situation justify protection for creditors or unknown claimants.
6. Typical procedure to request a waiver
- File the petition for appointment with the local Rhode Island probate court clerk.
- If you want the court to waive or reduce bond, file a written petition or motion asking for waiver or reduction and attach signed waivers/consents from all interested parties.
- Provide an estate inventory or good-faith estimate of assets so the court can assess risk.
- Attend the hearing (if the court schedules one) and be prepared to explain why a waiver is appropriate.
7. Practical considerations
Bond companies will look at the proposed administrator’s credit and financial history. If you must obtain a corporate surety bond, expect a premium (a percentage of the bond amount) and underwriting requirements. If bond is waived, creditors still retain their rights to pursue claims against the estate and the administrator remains subject to the court’s supervision and to fiduciary duties.
8. Where to find Rhode Island probate forms and local guidance
Each Rhode Island probate court has local procedures and forms. Check the Rhode Island Judiciary Probate & Family Court pages for forms, filing requirements, and contact information for the clerk’s office:
- Rhode Island Judiciary — Probate & Family Court information
- Rhode Island Probate & Family Court forms
- Rhode Island General Laws are organized by title on the state legislature site; Title 33 covers decedents’ estates and probate matters: R.I. General Laws — Title 33 (Decedents’ Estates). (The probate court applies statutory rules together with local practice.)
9. When to consult an attorney
Consider consulting an attorney if:
- The estate has significant assets, complicated assets (business interests, retirement accounts with unusual beneficiary designations, real estate with encumbrances), or potential creditor claims.
- Heirs or creditors disagree about waiving bond or about who should serve.
- You want help preparing the waiver petition or negotiating bond terms with a surety company.
Helpful Hints
- Contact the local probate clerk early. Clerks explain required forms, local rules, and whether a hearing is likely.
- Gather basic estate information before filing: an asset list, approximate values, bank account locations, and known creditors.
- If you expect to ask for a bond waiver, get written signed consents from every known heir and file them with your petition.
- If you must buy a surety bond, shop for quotes from several bond companies—premiums can vary.
- If someone objects to a waiver, the court will usually set a hearing; be prepared to show why waiver is safe for the estate and creditors.
- Keep careful records and follow court instructions—waiver of bond does not remove your fiduciary duties or the court’s power to require accounting and oversight.
- If the estate is small, ask the clerk about simplified or small‑estate procedures that may eliminate the need for full administration and a bond.
Disclaimer
This article explains general Rhode Island probate practice and common procedures. It is educational only and not legal advice. For advice specific to your situation, consult a licensed Rhode Island attorney or contact the probate court where the estate will be opened.