Letters Testamentary in Rhode Island

Rhode Island probate is handled by the probate court of each city or town. On probate of a will, the court issues letters testamentary to the named executor if he or she is legally competent and gives the bond required by law. Without a will, administration is granted to the surviving spouse or one or more next of kin (or jointly) if suitable and competent; if they do not apply within 30 days after death, or are unsuitable or renounce, the court may appoint any suitable person on petition. Petitions must be in writing and signed, with notice given as required. Executors give bond (a will can waive sureties but not the bond itself). Rhode Island DMV accepts the probate court's original Notice of Appointment as proof of the executor's or administrator's authority.

An executor, administrator or guardian who lives outside Rhode Island must, before acting, appoint in writing an agent who lives in Rhode Island to accept legal papers and file that appointment with the probate court. A nonresident is generally not appointed administrator based only on being entitled to administer, unless the court finds other circumstances make it appropriate. Executors give bond; a will can waive surety (but not the bond itself), and the court may still require surety. For intestate estates, surety is not required when the administrator is the surviving spouse or sole heir, unless the court orders otherwise.