When a person dies in the state of Rhode Island, his or her estate often goes through a court-managed process called probate or estate administration where the assets of the decedent are managed and distributed. The state of Rhode Island has a probate court located in each of its 39 cities and towns.

The length of time needed to complete the probate of an estate depends on the size and complexity of the estate. The more complex the estate is the more time the estate will take to complete. However, the minimum amount of time that an estate must remain open in the state of Rhode Island is for at least 6 months. The average estate will take 9 to 18 months to complete in the state of Rhode Island.

Probate in the state of Rhode Island will generally include the following steps: filing of a petition to probate or administration petition with the court of proper jurisdiction; notice to heirs under the Will or to statutory heirs; petition to appoint the Executor or Executrix or Administrator or Administratrix for the estate; inventory and appraisal of estate assets by Executor/Administrator; payment of estate debt to rightful creditors; sale of estate assets; payment of estate taxes, if applicable; and final distribution of assets to heirs.

In the state of Rhode Island, probate can often be avoided through sound estate planning techniques. These techniques include ownership of certain property as joint tenants; gifting of assets during one’s life; and the use of a well-drafted and properly funded Living Trust. However, even though the court-managed probate process may be avoided the successor trustee needs to administer the distribution of the deceased.

Tags: Property, Rhode Island, Sound Estate Planning Technique

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