Rhode Island Personal Representative Request Form
Description
How to fill out Personal Representative Request Form?
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FAQ
If you are named in someone's will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate.
If you die without a will in Rhode Island, your assets will go to your closest relatives under state "intestate succession" laws.
Simple estates might be settled within six months. Complex estates, those with a lot of assets or assets that are complex or hard to value can take several years to settle. If an estate tax return is required, the estate might not be closed until the IRS indicates its acceptance of the estate tax return.
The best way to avoid probate in Rhode Island is to place the estate in a living trust. With a living trust, the assets will pass to the named beneficiary when the owner dies without going through the probate process.
In Rhode Island, you can use a summary probate procedure as long as there's no real estate and probatable property is valued at less than $15,000. Note, Rhode Island doesn't have an Affidavit procedure for small estates.
As an Executor, you should ideally wait 10 months from the date of the Grant of Probate before distributing the estate.
Obtaining a Grant of Probate is needed in most cases where the total value of the deceased's estate is deemed small... Going through the process of probate is often required to deal with a person's estate after they've passed away.
No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together. In Rhode Island, each owner, called a joint tenant, must own an equal share. Tenancy by the entirety.
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.