Signing a Contract

PROBATE ADMINISTRATION

Probate administration is generally required for every person that passes away.  The process is necessary to complete the transfer for assets. 
 

Probate is required regardless if the person had a will or died without a will, which is known as intestate.

 

Our office is often asked to handle probate matters pursuant to real estate transactions as there are a large number of sellers that are not aware that a probate administration is required to complete their real estate transaction.

 

What is the Probate Process?

 

The Probate administration process is initiated by an attorney’s petition to probate a Will or Administration, if there is no will.  The courts’ role is to review the petition, and the will, as applicable and appoint the person that is responsible to administer the probate process on behalf of the deceased.  The only assets that are subject to probate court jurisdiction are the assets that were not transferred by contract or
joint tenancy.

 

How long does the Probate process take?

 

The probate process in Rhode Island takes a minimum for 6 months, as RIGL requires the estate to remain open to allow creditors an opportunity to file any potential claims against the Estate.  The Probate process may take more than the minimum 6 months period, depending on how extensive the Estate is and whether the decedent left a will.  Usually when a person passes without a Will, the probate process is more time consuming and costly.

Who handles Probate?

 

It is recommended that the Probate process be handled by an attorney that focuses on probate law.  There are various updates and revisions to the probate code and only an attorney that is well versed in these procedures will be equipped to handle the administration of a family whose loved ones have passed away.