Which Court or County Office Handles Estate Administration and Unclaimed Property Claims in Rhode Island?
Detailed Answer In Rhode Island, the Probate Division of the Family Court handles estate administration. Under Title 33 of the Rhode Island General Laws, you must file probate petitions in the Family Court office serving the decedent’s last county of residence. See RI Gen. Laws § 33-13-1. The Family Court has hearing offices in Providence, […]
Read article →What steps are required to open an estate proceeding when no probate case exists? (RI)
Detailed Answer When someone dies in Rhode Island and no probate case exists, you must open an estate proceeding in the correct probate court. Below are the key steps under Rhode Island law: Identify the proper probate jurisdiction. Rhode Island has four probate districts. File in the district where the decedent lived at death. See […]
Read article →What Documentation Is Required to Apply for Letters of Administration in Rhode Island?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Rhode Island law, letters of administration authorize an individual to manage and distribute the assets of a person who died without a will. To obtain these letters, you must file a petition with the Probate Court in the […]
Read article →How to Determine if a Probate Estate Has Been Opened for a Decedent in Rhode Island (RI)
Determining If a Probate Estate Has Been Opened for a Decedent in Rhode Island Detailed Answer In Rhode Island, probate estates are handled by the Superior Court’s Probate and Trust Division. When someone dies owning assets that require court supervision, a personal representative (executor or administrator) petitions the court for authority to administer the estate […]
Read article →What information is needed to request estate files from a county probate division in RI?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney or the appropriate court for specific guidance. Detailed Answer In Rhode Island, estate administration and related records fall under the probate provisions of the Superior Court. Under R.I. Gen. Laws § 33-27-1, most probate files are public […]
Read article →How Can Service of Process Be Handled for Minors or Individuals Under Guardianship in Rhode Island?
Disclaimer: This article provides general information about service of process in Rhode Island. It does not constitute legal advice. Detailed Answer Service of Process Under R.I. Supreme Court Rule 4(g) Rhode Island Supreme Court Rule 4(g) governs service on persons under disability, including minors and those under guardianship. Under Rule 4(g), you must serve the […]
Read article →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. Identify and Gather Documentation • Obtain the deed, mortgage statements, […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Rhode Island
Detailed Answer Under Rhode Island probate law, interested parties may secure a court-ordered subpoena duces tecum to compel the production of estate records. A subpoena duces tecum is a judicial order directing a third party—such as a bank, title company, or custodian of records—to produce specified documents at a designated time and place. 1. Identify […]
Read article →What Authorization Forms Must an Heir Sign to Direct Distribution of Real Property Sale Proceeds in Rhode Island?
Detailed Answer When a decedent’s real property sells in Rhode Island, the personal representative or administrator must collect specific written authorizations from each heir to direct distribution of the net proceeds. Rhode Island law sets out these requirements to protect both the estate and the distributees. The key documents are outlined below. 1. Waiver and […]
Read article →How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce?
How to Claim Surplus Funds After Death or Divorce in Rhode Island 1. Detailed Answer In Rhode Island, surplus funds can arise when a court-ordered sale of mortgaged real estate, a chattel foreclosure, or the settlement of an estate in probate yields money beyond outstanding debts and costs. A former spouse or survivor may have […]
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