Detailed Answer
When a decedent’s real property sells in Rhode Island, the personal representative or administrator must collect specific written authorizations from each heir to direct distribution of the net proceeds. Rhode Island law sets out these requirements to protect both the estate and the distributees. The key documents are outlined below.
1. Waiver and Consent to Sale of Real Estate (Form PC-9)
Under R.I. Gen. Laws §33-11-11, a personal representative may sell real property without a court hearing if all heirs sign a written waiver and consent. The Rhode Island Probate Court provides Form PC-9: Consent to Sale of Real Estate, which confirms each heir waives notice and approves the sale. This form must be filed with the court clerk before closing the transaction. R.I. Gen. Laws §33-11-11
2. Waiver of Notice of Hearing on Petition for Distribution (Form PC-6)
When the personal representative petitions for final distribution of sale proceeds, R.I. Gen. Laws §33-15-15 requires proof of waivers from all distributees. Form PC-6: Waiver of Notice and Citation lets each heir waive formal notice of the hearing on the petition for distribution. File this waiver with the final accounting and petition. R.I. Gen. Laws §33-15-15
3. Receipt and Release / Consent to Distribution (Form PC-7)
After the sale closes and proceeds become available, each heir must sign Form PC-7: Receipt and Release. This document acknowledges receipt of the heir’s distributive share and releases the personal representative from any further liability regarding those funds. The signed form must be returned to the probate clerk to complete the estate file. R.I. Gen. Laws §33-15-15
4. Special Power of Attorney (If Applicable)
If an heir cannot be physically present to sign the required probate forms, Rhode Island law allows the use of a Power of Attorney for Probate Matters. The power of attorney must explicitly authorize the agent to execute real estate sale consents and distribution receipts. Always verify that the court clerk accepts the document before relying on it.
Helpful Hints
- Collect all heir signatures at once to minimize delays and multiple filings.
- Verify you are using the most current Probate Court forms (PC-6, PC-7, PC-9) on the Rhode Island Judiciary website.
- File original signed documents with the probate clerk; keep digital or paper copies for your records.
- Check whether the sale falls under §33-11-11 so you can proceed by consent rather than a formal hearing.
- If any heir objects, consider seeking a court order for sale or distribution to resolve disputes.
- Consult a local probate attorney if questions arise about form completion or filing deadlines.