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In Rhode Island, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Probate must be filed in court within 30 days of the heir being notified of the person's death. Claiming estate assets without filing for probate may result in a contempt of court charge and possible jail time.
In Rhode Island, executor fees are not explicitly stipulated by statute. Instead, the state allows for "reasonable" compensation, which is determined on a case-by-case basis. This ambiguity can be both a benefit and a drawback, depending on the complexity of the estate and the amount of work required by the executor.
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.
You can absolutely prepare all of the probate forms yourself and do this on your own. Some states may require a lawyer for submitting them to probate court, but Rhode Island doesn't. A lawyer will save you time and headaches. A lawyer can make sure you don't make big tax mistakes or miss any deadlines.
Revocable living trust One of the most common ways to avoid probate is to create a living trust. Through a living trust, the person writing the trust (grantor) must "fund the trust" by putting the assets they choose into it.
10 tips to avoid probate Give away property. Establish joint ownership for real estate. Joint ownership for other property. Pay-on-death financial accounts. Transfer-on-death securities. Transfer on death for motor vehicles. Transfer on death for real estate. Living trusts.
Trusts: If the deceased had a trust, you will not need to go through probate. Trusts are created to allow the deceased's family and friends to inherit without having to go through the long and expensive probate process.