Rhode Island Order of Distribution

State:
Rhode Island
Control #:
RI-SKU-0439
Format:
PDF
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Description

Order of Distribution

The Rhode Island Order of Distribution is a system that determines how marital property is divided in the event of a divorce in the state of Rhode Island. The order of distribution is based on the statutory guidelines of the Rhode Island General Laws. The order of distribution is used to divide assets such as real estate, personal property, financial accounts, pensions, and other marital assets between the divorcing spouses. The order of distribution is based on the legal principle of equitable distribution, which seeks to divide the marital property fairly and equitably between the parties. There are two types of Rhode Island Order of Distribution: the statutory order of distribution, which is the default order used when the parties do not agree on how to divide the assets, and the marital settlement agreement order of distribution, which is used when the divorcing spouses agree on how to divide the assets.

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FAQ

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.

If you die with a surviving spouse and children, your spouse will inherit your real estate for life and half of your personal property. Your children will inherit everything remaining. If you die with surviving parents, but no spouse or children, your parents will inherit everything.

If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit. Beneficiaries can petition the court to have the executor removed from their positon if they can prove they should be removed for one of the reasons listed above.

Common Questions About Probate in Rhode Island Probate in Rhode Island will take at least six months, and the filing of both state and federal tax returns (if required) are due no later than nine months after the estate owner's passing.

Rhode Island probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.

The State of Rhode Island is not a 50/50, or community property, state. It is what's known as an equitable distribution state. So, when a Rhode Island court rules on the allocation of assets, they are not necessarily divided equally between the two parties.

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 executor may have to sell some assets to pay the debts if there aren't enough liquid assets. The remaining assets must have titles transferred to the new owners and other assets distributed. The executor must provide an accounting of all activities to the court.

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Rhode Island Order of Distribution