Rhode Island Administration Petition

State:
Rhode Island
Control #:
RI-SKU-0364
Format:
PDF
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Description

Administration Petition

The Rhode Island Administration Petition is a legal document that petitions the court for an order allowing a person to be appointed as an administrator of an estate. This petition is usually filed when the deceased did not have a will, leaving no named executor. The Rhode Island Administration Petition is filed with the probate court in the county in which the deceased lived. There are two types of Rhode Island Administration Petition: formal and informal. The formal petition requires a court hearing, where the petitioner presents evidence to support their request. The informal petition requires the petitioner to submit a written petition, which is then reviewed and decided upon by the court without a hearing. In both cases, the petitioner must provide documentation and evidence that shows the petitioner is qualified to serve as administrator of the estate.

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FAQ

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. The filing of state and possibly federal death tax returns are required and are due no later than nine months after the date of death.

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.

Guardianship is a court-ordered relationship between a competent adult (the guardian) and an adult with impaired decision-making capacity (the ward)1. In Rhode Island, city and town Probate Courts oversee the guardianship process and issue guardianship orders.

If there are children but no spouse, the children will inherit everything. If there are surviving parents, but no children or spouse, the parents will inherit the estate. Similarly, if there are surviving siblings but no children, spouse, or parents, the siblings inherit the entirety of the estate.

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).

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. The filing of state and possibly federal death tax returns are required and are due no later than nine months after the date of death.

Someone must step forward to petition the probate court to become the Guardian for the individual. The individual and their family must be notified of the petition by the court. A guardian-ad-litum will meet with the individual to assess what the individual may want and what may be in the persons best interest.

What is the Process? The process for appointing a conservator is very similar to the process for appointing a guardian. Our attorney files a petition with the court that includes facts showing the respondent is financially incapable and has money and property with amounting to a total determined by law.

More info

Special administrator is the named executor, and the will waives bond. Probate can take anywhere from 6 months to several years to complete.COMPLETING THE PETITION FOR PROBATE, DE-111. This petition is to ask the court for permission to publish a notice seeking information about a person presumed dead. Complete sections 13A-13F only if the deceased died without a will: 13A. List the decedent's surviving spouse, if any. Name. Petition for Letters of Administration (d.b. General Information. Administration of this estate is pending in this court. Sometimes a full probate proceeding is not needed.

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Rhode Island Administration Petition