Add Advanced Field Legal Rhode Island Probate Forms For Free

Is Probate Required in Rhode Island? Most estates in Rhode Island must go through the probate process unless factors like the estate's value allow probate to be avoided. In most cases, these assets must go through probate: Real estate.

Any Rhode Island estate larger than $15,000 is subject to probate regardless of whether the deceased had a will. The probate process verifies who will control and inherit assets from the estate. If the decedent died intestate, the assets will go to the next of kin — the closest surviving blood relatives.

One common method is to create a revocable trust. A revocable trust allows you to maintain control of your property during your life, and decide how the property is distributed after death, without needing to go through probate court.

If disputes arise the court will hear testimony at a hearing and decide how to settle the disputes. How long does probate take? An estate must be opened for at least six months, because Rhode Island law gives creditors that period of time to file their claims with an estate.

The final accounting will list the basic information that was in the inventory, and will set forth the total amount of funds received and total disbursements, including the distribution to the beneficiaries. It also will list the sale of any assets that were listed in the inventory.

Request the Accounting: Beneficiaries have the right to request an accounting from the executor or trustee. Legal Action: If the executor still refuses to provide the accounting, beneficiaries can petition the court to compel the executor.

If you are in possession of a will of a deceased person, you must either file it with the appropriate court or deliver it to the person named in the will as executor, as under Rhode Island law the will is to be filed within 30 days after death.

It is common for beneficiaries to ask to see a copy of the will, but you have no legal obligation to do so. Whether or not to disclose the will to the beneficiary is at your discretion as the executor. Once probate has been granted and you begin to manage the estate, the will becomes a public document.

Beneficiaries have the right to review the accounting. They also have the right to request more information. If they want to see supporting documentation, the executor must provide things like: Receipts.