Detailed Answer
Overview: When someone dies, the decedent’s house and belongings become part of the estate. Until a probate court appoints an administrator (or a personal representative named in a will receives letters testamentary), no one has full legal authority to manage estate property. In Rhode Island, the fastest way to gain legal control is to open an estate in Probate Court and seek appointment. Meanwhile you can take practical and legal steps to protect the home and its contents, document their condition, and prevent others from removing or disposing of property.
Immediate practical steps to secure and preserve the property
- Lock and physically secure the home. Change external locks or rekey doors if you can do so without breaking laws or damaging property. If other family members may object, take photos showing existing locks before you change them.
- Document everything now. Take time-stamped photos and video of every room, doors, windows, safes, and any obvious valuables (jewelry, art, firearms). Note the date/time and who was present. This creates evidence if items go missing.
- Disallow unsupervised access. Ask siblings and others in writing (email and/or certified mail) not to remove items, and state that an inventory will be done under court supervision. Keep copies of those communications.
- Make a list of high-value items. Prepare a short list of obvious valuables and where they are located. If you can, secure small high-value items (jewelry, cash) in a locked container or safe deposit box and record that action.
- Contact the decedent’s insurer and utility companies. Notify the homeowner’s insurance carrier to confirm coverage continues and to ask about a potential loss if property is removed or damaged. Maintain heat/AC and winterize as needed to prevent weather damage.
Legal steps to prevent removal of property before appointment
1) Open an estate in Probate Court right away. File a petition for appointment (often called a petition for administration or letters of administration) in the appropriate Rhode Island Probate Court. Once the court issues letters of administration, the administrator has clear legal authority to inventory, protect, and distribute estate property. Rhode Island statutes that govern probate and administration are in Title 33 of the Rhode Island General Laws; for an overview see the Rhode Island General Assembly’s statutes page for Title 33: https://www.rilegislature.gov/Statutes/TITLE33/Pages/default.aspx. For local Probate Court procedures and forms, see the Rhode Island Judiciary Probate Court pages: https://www.courts.ri.gov/Probate/Pages/default.aspx.
2) Ask the court for interim relief if needed. If you reasonably fear immediate removal or destruction of property, you can ask the Probate Court for temporary or emergency relief. The court can sometimes appoint a limited or temporary administrator, issue an order prohibiting removal of property, or take other protective steps until a permanent appointment is made. Explain facts (who is threatening removal, evidence of past removal, risk of loss). The Probate Court handles these petitions under the probate laws in Title 33 and local probate rules; include this request in your initial petition or file a separate emergency motion.
3) Consider seeking an injunction or involving law enforcement. If someone removes property, you may have grounds to call the police for theft or conversion. In some situations, seeking a temporary injunction from a civil court (or asking probate to issue an order) can bar individuals from disturbing estate property. Document all removals and notify the court promptly.
4) Bond and authority questions. Rhode Island Probate Courts commonly require an administrator to post bond unless the will waives bond or the court dispenses with it. Once appointed and bonded (if required), the administrator receives letters that clarify authority to inventory and possess estate assets. Ask the probate clerk about the local bond rules when you file.
How to do an inventory once you are appointed
- Follow statutory inventory requirements. After appointment the administrator must prepare and file an inventory of estate property as required by Rhode Island probate law and court rules (check the probate clerk for deadlines and form requirements).
- Use a systematic room-by-room inventory. Note descriptions, serial numbers, estimated value, location, and photographs. Keep originals of receipts and appraisals for high-value items.
- Hire appraisers for specialty items. For jewelry, antiques, artwork, real estate, or businesses, hire qualified appraisers and keep written reports as part of the estate records.
- Keep a chain-of-custody log. Record who handled or moved each item and why (for safekeeping, appraisal, etc.). This helps resolve disputes later.
What to do if siblings already removed items
- Document the loss—photos, witness statements, communications admitting removal.
- Report suspected theft to the police if appropriate.
- Include the issue in your probate petition—ask the court to order return of property or to impose sanctions.
- Preserve all written and electronic communications relating to the removals.
Timing — act quickly
Delays make recovery harder. File for administration as soon as possible. While a polite family agreement may work short-term, only a court order gives enforceable authority to stop removals and to require an inventory.
Where to find forms and help in Rhode Island
Probate Court forms and procedural info: https://www.courts.ri.gov/Probate/Pages/default.aspx. Rhode Island statutes on estates and probate: https://www.rilegislature.gov/Statutes/TITLE33/Pages/default.aspx.
Bottom line: Secure the home, document everything, notify the Probate Court and file for administration quickly. If you face imminent risk of loss, ask the court for emergency or temporary relief. If property is removed, preserve evidence and involve police and the court as appropriate.
Disclaimer: This article explains general Rhode Island probate practices and options; it is informational only and not legal advice. For legal advice about a specific situation, contact a licensed Rhode Island attorney or the Probate Court.
Helpful Hints
- Keep all communications in writing (email or certified mail) and save copies.
- Take time-stamped photos and videos of the whole property and items before any change.
- Make an immediate short list of obvious high-value items and their locations.
- Contact the homeowner’s insurer—coverage issues commonly arise after death.
- When in doubt, file the probate petition—appointment gives legal authority to act.
- Ask the Probate Court about temporary appointment procedures if you need urgent protection.
- Do not sell, destroy, or give away estate property. Improper disposition can create personal liability.
- Keep a log of everyone who visits the property and why.
- If family relationships are contentious, consider asking the court for neutral supervised inventory or appraisal.
- Consult a Rhode Island probate attorney if there is significant value, disputes, or potential theft.