What Steps Are Needed to Include Real Property into an Estate in Rhode Island? | Rhode Island Probate | FastCounsel
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What Steps Are Needed to Include Real Property into an Estate in Rhode Island?

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.

  1. 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.
  2. 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).
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.