Detailed Answer
When a homeowner dies intestate (without a will) in Rhode Island, title transfer requires probate. First, a qualified heir must petition the probate court for letters of administration. See R.I. Gen. Laws § 33-23-1 (link). The court appoints an administrator who gathers assets, pays debts, and distributes property per R.I. Gen. Laws § 33-1-4.
Intestate Succession Rules
Rhode Island’s intestacy statute divides real property among heirs in this order: spouse and children equally; if no spouse, all children; if no descendants, parents; if none, siblings. Each heir receives an equal share unless the spouse has a larger share. The administrator issues a deed conveying the home to the heirs.
Production of Administrator’s Deed
After the court approves distribution, the administrator signs a deed—often called an “administrator’s deed.” Record this deed at the county recorder’s office. Recording transfers legal title to the heirs.
Alternative: Heir Agreement and Deed
If all heirs agree, they can waive formal probate for small personal estates under § 33-23-1.5. However, real estate still requires either probate or a unanimously executed quitclaim deed. Heirs can sign an agreement, execute a quitclaim deed among themselves, and record it to transfer title.
Partition Action
If heirs cannot agree on use or sale, any co-owner may file a partition action under R.I. Gen. Laws §§ 34-6-1 to 34-6-18 (link). The court orders a sale and divides proceeds according to each heir’s share.
Disclaimer: This article provides general information only. It does not constitute legal advice. Consult a licensed attorney in Rhode Island for advice about your situation.
Helpful Hints
- Determine the decedent’s domicile to file in the correct probate court.
- Identify all legal heirs under R.I. Gen. Laws § 33-1-4 before filing.
- Consider summary probate only for small personal estates under § 33-23-1.5.
- Obtain certified death certificate copies to submit with court filings.
- Record deeds promptly to avoid title disputes.
- If heirs disagree, consider mediation before partition litigation.