Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Rhode Island, including real property in a decedent’s estate requires following formal probate procedures under Title 33 of the Rhode Island General Laws. Below is a step-by-step guide.
- Identify and Gather Documentation
• Obtain the deed, mortgage statements, property tax bills and any prior surveys.
• Confirm how the decedent held title (sole ownership, joint tenancy, tenancy by entirety, or tenancy in common), since certain co-ownership forms pass automatically outside probate. - Locate and Review the Will or Determine Intestacy
• If there’s a valid will, the nominated personal representative (executor) must file it with probate court.
• Without a will, heirs must petition as administrators under R.I. Gen. Laws § 33-23-1 (33-23-1). - Open Probate and Appoint a Personal Representative
• File a petition in the probate division of the Rhode Island Family Court in the county where the decedent lived.
• The court appoints a personal representative with letters testamentary or letters of administration. - Prepare an Inventory and Appraisal
• Within three months of appointment, file an inventory listing all real and personal property under R.I. Gen. Laws § 33-15-1 (33-15-1).
• Obtain at least one professional appraisal to establish fair market value for tax purposes and distribution. - Provide Notice to Creditors and Settle Debts
• Publish a notice to creditors in a local newspaper. Creditors have nine months from publication to submit claims.
• Pay valid debts, expenses and taxes before distributing assets. - Authorize Sale or Direct Transfer
• If the estate needs liquidity, petition the court to sell the property.
• For direct transfer, prepare a new deed conveying title to beneficiaries. Record the deed in the land evidence records of the applicable city or town.
• Ensure compliance with R.I. Gen. Laws § 34-4-2 (34-4-2) when recording deeds. - File Final Accounting and Close the Estate
• Submit a detailed accounting of receipts, disbursements and distributions to the court.
• After court approval, the personal representative is discharged and the estate closes.
Helpful Hints
- Verify whether joint tenants or tenants by entirety hold title—these interests often bypass probate.
- Check for outstanding liens, mortgages or pending assessments before transfer.
- Obtain multiple appraisals for high-value real estate to support fair market valuations.
- Keep meticulous records of all filings, notices and correspondence with the court.
- Consider small estate procedures under R.I. Gen. Laws § 33-27 if the estate’s total value falls below the statutory threshold.
- Consult a qualified probate attorney for complex estates or disputes among heirs.