Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Rhode Island law, letters of administration authorize an individual to manage and distribute the assets of a person who died without a will. To obtain these letters, you must file a petition with the Probate Court in the county where the decedent resided. The core documentation includes:
- Death Certificate: The original or certified copy of the decedent’s death certificate.
- Petition for Letters of Administration: A completed form provided by the Rhode Island Judiciary. See Probate Form – Petition for Letters of Administration.
- Heirship Affidavit or Family Tree: A document listing all heirs and their relationship to the decedent, as required by R.I. Gen. Laws § 33-15-3. See R.I. Gen. Laws Title 33, Subtitle 15.
- Administration Bond or Waiver: Unless waived by court order or by unanimous heir consent, you must file an administration bond per R.I. Gen. Laws § 33-15-1.
- Inventory and Appraisement Oath: An affidavit promising to inventory and appraise estate assets in compliance with R.I. Gen. Laws § 33-17-1.
- Notice to Creditors: Proof of the required publication or mailing of creditor notices under R.I. Gen. Laws § 33-18-1.
- Renunciation Forms: Signed renunciations from any persons entitled to administer who decline their right.
Once you file these documents and pay the filing fee, the court will review your petition. You may be scheduled for a brief hearing. If the court approves, it will issue the letters of administration, authorizing you to collect assets, pay debts, and distribute property according to Rhode Island’s intestacy statutes.
Helpful Hints
- Confirm the correct Probate Court based on the decedent’s last residence in Rhode Island.
- Obtain several certified death certificates to handle bank accounts, real estate, and other assets.
- Check the Rhode Island Judiciary website for the latest probate forms and fee schedule.
- If you seek a bond waiver, secure signed waivers from all heirs before filing.
- Retain proof of all notices and publications to avoid objections or delays.
- If the estate includes real property, business interests, or disputes among heirs, consider consulting a probate attorney.