How Probate Works in Rhode Island

The will is presented to the probate court and the executor named in it (or an administrator, if there is no will) is appointed and gives bond; notice of the appointment is published. Within 90 days after appointment (or longer if the court allows), the executor or administrator files a sworn inventory with appraised values of the personal property as of the date of death. Creditors have six months from first publication to file claims; debts are paid, accounts are filed with the court, and the estate is distributed.

The small estates (voluntary administration) procedure for estates of personal property up to $15,000 is the simplified option set out in the Small Estates chapter; it is reviewed by a probate judge and needs no hearing unless the judge orders one. Estates above that amount or with real estate go through regular administration.

Claims must be filed with the probate court (with a copy to the executor or administrator) within six months from the first publication of notice, or they are barred. A creditor who missed the deadline through accident, mistake, excusable neglect or lack of adequate notice may ask the court for leave to file late, but only before the estate is distributed.

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.

If an estate is made up entirely of personal property worth no more than $15,000 (not counting the decedent's tangible personal property), a relative (spouse, child, grandchild, parent, sibling, niece, nephew, aunt or uncle) or other interested person who is an adult Rhode Island resident may file a verified statement with the probate court once 30 days have passed since death and no petition for letters has been filed. The filer becomes a voluntary administrator who collects the assets, pays funeral and other debts in the order set by law, and distributes the rest. The filing fee is $30 and the certificate of appointment is $5. Real estate is not covered.

Probate cases in Rhode Island are heard locally by each city or town's probate court, and all probate appeals are heard in the Superior Court. Requests for probate records must be directed to the appropriate city or town clerk.