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What Constitutes Probate in Rhode Island & Massachusetts? Notify the heirs; Publish notice for any creditors; Take inventory of the estate (e.g. bank accounts, retirement accounts, stocks and bonds, real estate, personal effects); and. Secure all assets.
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).
Probate must be filed in court within 30 days of the heir being notified of the person's death. Claiming estate assets without filing for probate may result in a contempt of court charge and possible jail time.
You can absolutely prepare all of the probate forms yourself and do this on your own. Some states may require a lawyer for submitting them to probate court, but Rhode Island doesn't. A lawyer will save you time and headaches. A lawyer can make sure you don't make big tax mistakes or miss any deadlines.
Probate Fees Probate of Will Advertisements (Hearing & Qualification) Total$34 $60 $94Setting Off/Allowing Real Estate In-Fee to Surviving Spouse AdvertisementNo Fee $30Copies of Probate Documents (per page)$1.50Certification (plus copy cost)$3Exemplified Copy of File Contents (plus certification and copy costs)$1028 more rows
You can absolutely prepare all of the probate forms yourself and do this on your own. Some states may require a lawyer for submitting them to probate court, but Rhode Island doesn't. A lawyer will save you time and headaches. A lawyer can make sure you don't make big tax mistakes or miss any deadlines.
An estate consisting of personal property having a fair market value of $15,000 or less can use a simplified proceeding. Usually, this decision to use the "small estate" provision is made by the lawyer and the personal representative at the time of the initial conference.