Rhode Island Revocation of Will
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How to fill out Revocation Of Will?
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FAQ
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. The estate should go to the closest relatives ing to Rhode Island's intestate succession laws.
Spouses and children have primary inheritance rights under Rhode Island intestate succession laws. There are even rules that allow a spouse a life estate in any real property owned solely by the deceased to protect their living arrangements while preserving its long-term ownership for the children in the family.
A Will is revocable at any time during the testator's lifetime. A Will may only be revoked by automatic operation of law (involuntary revocation) or by a deliberate act of the testator (voluntary revocation).
(1) First to the intestate's children or their descendants, if there are any. (2) Second, if there be no children nor their descendants, then to the intestate's parents in equal shares, or to the surviving parent. (3) Third, if there is no parent, then to the intestate's brothers and sisters, and their descendants.
In Rhode Island, a TOD provision usually supersedes a will. This means that if your will stipulates that an asset should be transferred to a particular individual, but the TOD provision on the asset names a different person, the asset will transfer to the person named in the TOD provision.
Before the court will proceed with probate, it must listen to any written objections and make a determination. In order to initiate a will contest in Rhode Island, the objectant must have legal standing. In other words, the person must have an immediate financial interest in the proceeding.
The executors under the newly discovered will can ask the court to revoke the original grant of probate (or 'letters of administration' if an intestacy was presumed). The courts are relaxed about time limits for requests to revoke a will.
If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies.