Detailed Answer
When a Rhode Island resident passes away, probate begins by filing a petition in the Superior Court (Surrogate Division) in the county where the decedent lived. If you find a will, file a petition for probate under RIGL §33-15-1. If there’s no will, petition for letters of administration under RIGL §33-9-1.
Next, the court appoints a personal representative (executor or administrator). The representative must notify known creditors by mail and publish a notice in a local paper per RIGL §33-9-13. Creditors have six months to file claims.
Within three months of appointment, the representative must file a detailed inventory of all assets (bank accounts, real estate, stocks, personal property) as required by RIGL §33-9-18. Arrange appraisals if needed.
After inventory, the representative pays valid debts, taxes, and administrative expenses in the order set by law (RIGL §33-9-16).
Finally, the representative prepares a final account and petition for distribution under RIGL §33-9-25. The court reviews and approves. If there’s a will, assets pass to beneficiaries per its terms. Without a will, the estate distributes under Rhode Island’s intestacy rules (RIGL §33-15-7).
Helpful Hints
- Keep detailed records of all communications and transactions.
- Hire a licensed appraiser for real estate and valuable items.
- Communicate with beneficiaries to manage expectations.
- File tax returns and IRS Form 706 if the estate exceeds federal thresholds.
- Consider professional guidance for complex assets like business interests.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.