Quick answer

Start by checking for a will and the probate file. If there is no valid will, Rhode Island’s intestacy rules and the probate court determine who the heirs are and how property transfers. You can confirm ownership by searching the probate court records and the local land records (deeds, tax/assessor records). If title is unclear or contested, a quiet-title action or a probate administration may be necessary.

Step-by-step FAQ: how to identify heirs and confirm ownership in Rhode Island

1. Obtain a certified copy of the death certificate

The death certificate is the official record you will need to open a probate case, request records, and transfer assets. You can get copies from the state Department of Health or the funeral home that handled the arrangements.

2. Look for a will or estate planning documents

Search the decedent’s home, safe, personal papers, computer files, email, and any attorney’s office that may have prepared estate documents. If you find a will, it normally must be filed with the probate court in the city or town where the decedent lived.

3. Check probate court records where the decedent lived

If someone has already opened probate, the court file will show whether there is a will, who was appointed personal representative (executor or administrator), and what assets are in the estate. Contact the probate court in the decedent’s municipality or visit the Rhode Island Judiciary’s probate courts page: Rhode Island Probate Courts.

4. Understand who inherits under Rhode Island intestacy rules

If there is no valid will, distribution follows Rhode Island law (Title 33, Estates and Trusts). The general priority is:

• Surviving spouse
• Children and other descendants (usually by representation — grandchildren can inherit the share their parent would have received)
• Parents
• Siblings and their descendants
• More remote relatives or, if none exist, the state

These rules and details on shares and representation are in Rhode Island’s statutes governing intestate succession (Title 33). See the Rhode Island General Assembly’s statutes for Title 33: R.I. Gen. Laws – Title 33 (Estates and Trusts).

5. Determine how specific ownership forms affect transfer

Not all assets pass through probate. Ownership form matters:

• Property owned as joint tenants with right of survivorship typically passes automatically to the surviving joint tenant(s).
• Property owned in tenants in common does not pass automatically; that share becomes part of the decedent’s estate.
• Accounts with beneficiary designations (payable-on-death, transfer-on-death, retirement accounts, life insurance) pass to the named beneficiary outside probate.
• Real estate ownership is confirmed by deed and the land records; changes in ownership are recorded in the local land or registry office.

6. Search local land records and tax/assessor records

To confirm who owns a parcel, search the deed records and assessor’s database for the town or city where the property sits. The deed record shows the current chain of title and whether the deed names survivors, a trust, or another owner. Contact the town/city clerk, the town assessor, or use the municipality’s online records search if available.

7. If probate has not been opened, someone may need to start it

If the decedent had a will, the named executor should file it with the probate court to be admitted and obtain authority to act. If there is no will, an interested person (an heir or creditor) can petition the court to be appointed administrator. Once appointed, that person obtains letters testamentary or letters of administration to act for the estate and to transfer title.

8. Use certified letters and deed transfers to change title

Once the court appoints a personal representative, the court issues official documents (letters) showing that person’s authority. Title companies, banks, and the land-records office typically require certified letters or a court order to transfer property or to record a deed from the estate.

9. When ownership is disputed or chain of title is unclear

If heirs disagree, an heir is missing, or title evidence is incomplete, the estate or an interested party may need to file a quiet-title action or seek court instructions through probate. A quiet-title lawsuit asks the court to declare who owns the property and clear competing claims.

10. Consider a small-estate procedure if the estate is small

Rhode Island provides streamlined processes for small estates in some situations. Check Title 33 and the probate court for small-estate rules and thresholds that might avoid full administration. See the statutes and local probate forms at the Rhode Island General Assembly site: R.I. Gen. Laws – Title 33 and the Rhode Island Judiciary probate pages: Rhode Island Probate Courts.

What documents and information you should gather

• Certified death certificate
• Any wills, trusts, or estate planning documents
• Title documents and deeds for real property
• Bank and investment account statements and beneficiary designations
• Life insurance policies and retirement plan beneficiary forms
• Recent tax bills and assessor records for real property
• Contact information for any attorneys who represented the decedent

When to talk to an attorney

Get legal help if:

• There is a dispute about heirs or a will
• Title to real property is unclear or has defects
• Multiple parties claim ownership or survivorship rights
• You need to file a quiet-title action or start probate administration

An attorney who handles probate, estate administration, or real-estate litigation can guide you on next steps and represent you in court if needed.

Helpful hints

• Start with the will and the probate court — that often answers most questions.
• If you find a deed that names joint tenants, the property likely passed automatically at death.
• Search both the probate index and the town/city land records for the decedent’s name to find filings you may not be aware of.
• Obtain certified copies of documents (death certificate, letters from probate) — many institutions require certified copies.
• Keep careful records of communications and copies of every court filing and recorded deed.
• If an heir cannot be located, the court or a lawyer can advise on required notice steps and publication rules.
• Ask the probate clerk what forms and timelines apply in that particular court; procedures can vary by municipality.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, contact a licensed attorney in Rhode Island.

Useful links:

• Rhode Island General Laws — Title 33 (Estates and Trusts)
• Rhode Island Judiciary — Probate Courts