Rhode Island Petition for Probate

Introduction

Key Things to Know

1. 1

   The probate court of the city or town where the decedent resided hears the petition. With a will, file a Petition for Probate of Will, Form PC-1.5; with no will, a Petition for Administration, Form PC-1.1. The form the court requires controls over any draft petition (33-22-2, 33-22-16).

2. 2

   No one has authority over estate assets until the court appoints them and letters issue. A named executor must still petition and be appointed, and should not distribute, pay heirs or sell property before then or before the creditor period ends.

3. 3

   A person other than a probate clerk who has a will must deliver it to the probate court, or to the named executor, within 30 days after notice of the death, and an executor must deliver it to court within 30 days of receiving it (33-7-5). An executor who has the will and does not present it within 30 days after the death, or after learning of the nomination, is deemed to have declined the office (33-8-3).

4. 4

   A named executor receives letters testamentary if legally competent and if bond is given (33-8-1). For an intestate estate, the surviving spouse or next of kin may apply; if they do not apply within 30 days after the death, or are unsuitable, the court may appoint any suitable person (33-8-8). A nonresident executor must appoint a Rhode Island resident agent for service of process (33-18-9). A nonresident may not be appointed administrator by reason of a right to the trust unless other circumstances make it proper in the court's opinion (33-8-7).

5. 5

   Before the hearing, notice must be mailed at least 10 days ahead to the surviving spouse, heirs at law and named beneficiaries listed in the petition, and at least 3 weeks ahead if an address is outside the continental US. A newspaper notice runs once a week for at least two weeks (33-22-3, 33-22-11). Claims must be presented within six months from first publication or be forever barred (33-11-5). After qualification the personal representative must take reasonable steps to notify known or reasonably ascertainable creditors, with mailing Form PC-9.9 as a safe harbor, and must notify the Executive Office of Health and Human Services if the decedent was 55 or older (33-11-5.1).

6. 6

   A bond to the court is required in the amount the court sets (33-17-1). A will can exempt the executor only from surety, not from the bond, and the court may still require surety. For an intestate estate, surety is not required of an administrator who is the surviving spouse or sole heir, or an heir at law the court finds warrants a waiver, though the court may still require surety (33-17-4, 33-17-1.2).

7. 7

   Not every estate needs probate. Assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside probate, and Rhode Island has voluntary informal procedures for small estates (33-24-1, 33-24-2). See our small estate affidavit page for that route.

Rhode Island Requirements for Petition for Probate

• Municipal Probate Court Hears the Petition

  The petition is filed in the probate court of the city or town where the decedent resided. Rhode Island has no county or statewide probate court; each of its 39 municipalities has its own, with a probate clerk.

• Petition for Probate of Will, Form PC-1.5

  With a will, the filing is Form PC-1.5 (R.I. Gen. Laws 33-22-2). With no will, it is Form PC-1.1, Petition for Administration (33-8-8). The petition is sworn and lists the surviving spouse, heirs at law and, for a will, named beneficiaries with addresses. A probate court may require use of the statewide forms, so the court's form controls (33-22-16).

• 30-Day Will Delivery and Executor Declination

  A person other than a probate clerk who has custody of a will must deliver it to the probate court, or to the named executor, within 30 days after notice of the death (33-7-5). A named executor who has the will and does not present it within 30 days after the death, or after learning of the nomination, is deemed to have declined the office (33-8-3).

• Who May Serve and the Nonresident Rule

  The named executor receives letters if legally competent and bonded (33-8-1). For an intestate estate, the surviving spouse or next of kin may apply, and the court may appoint any suitable person if they do not apply within 30 days (33-8-8). A nonresident executor must appoint a Rhode Island resident agent (33-18-9); a nonresident may not be appointed administrator by reason of a right to the trust unless the court finds other circumstances make it proper (33-8-7).

• Notice of Hearing to Heirs and Beneficiaries

  Notice must be mailed at least 10 days before the hearing to the surviving spouse, heirs at law and named beneficiaries listed in the petition, or at least 3 weeks before if an address is outside the continental US. Notice may be waived in writing on Form PC-9.1, and an affidavit of notice is filed at or before the hearing (33-22-3).

• Newspaper Notice of the Petition

  Notice is published once a week for at least two weeks, with the first publication at least 14 days before the first hearing date (33-22-11).

• Creditor Notice and Six-Month Claims Period

  Claims must be presented within six months from first publication or be forever barred (33-11-5). The personal representative must take reasonable steps to notify known or reasonably ascertainable creditors, with Form PC-9.9 mailed by first-class mail as a safe harbor, and must notify the Executive Office of Health and Human Services if the decedent was 55 or older (33-11-5.1).

• Bond Required, Surety Waivable Only in Part

  Every executor and administrator must give bond to the probate court in the sum it requires (33-17-1). A will can exempt the executor only from surety, and the court may still require it (33-17-4). An intestate administrator who is the surviving spouse or sole heir does not need surety, though the court may still require it (33-17-1.2).