Losing a Loved One Is Hard. Navigating Probate Doesn’t Have to Be.
When a family member passes away, emotions run high—and so do the responsibilities. If you’ve been named the executor of a will or are managing someone’s estate, chances are you’ve already encountered the word “probate.”
In Rhode Island, probate is the legal process of validating a will and distributing assets. While that may sound straightforward, the paperwork, court deadlines, and required steps can quickly become overwhelming—especially during a difficult time.
At McCormick Law Offices, we help clients across Rhode Island and Massachusetts navigate probate with compassion, clarity, and deep local experience. Here’s a simple breakdown of what to expect.
What Is Probate, Exactly?
Probate is the court-supervised process of:
- Validating the deceased person’s will
- Appointing an executor (if one isn’t already named)
- Identifying and inventorying the estate’s assets
- Notifying creditors and paying valid debts
- Filing tax returns and settling taxes owed
- Distributing what remains to rightful heirs
This process can take six months to over a year, depending on the complexity of the estate, any disputes, and court scheduling.
Step-by-Step: The Rhode Island Probate Process
1. File the Will with the Local Probate Court
The process starts by submitting the original will and a petition to open probate in the city or town where the deceased lived. If there’s no will, the court will appoint an administrator and apply Rhode Island’s intestacy laws.
2. Appoint an Executor or Administrator
The court formally approves the executor named in the will—or appoints one if necessary. This person becomes legally responsible for handling the estate.
3. Inventory Assets
This includes bank accounts, real estate, vehicles, investments, and personal property. It’s a detailed step and may require appraisals or professional valuations.
4. Notify Creditors and Pay Debts
You’ll need to publish a notice to creditors, allow time for claims, and settle any valid debts. This also includes final income taxes and potentially estate taxes.
5. Distribute Remaining Assets
Once all debts are paid and the court approves, you can distribute the estate according to the will or state law.
6. Close the Estate
A final accounting is submitted, and the probate court issues an order closing the estate.
How a Rhode Island Probate Lawyer Can Help
Working with a local probate attorney ensures:
- Correct filings and deadlines are met (RI courts are strict on timelines)
- Asset valuations are handled properly
- Family disputes are avoided or resolved quickly
- Executors are protected from liability
- The process moves faster and with fewer surprises
At McCormick Law Offices, we’ve supported clients from Providence to Warwick, Newport, and beyond. Whether you’re just starting or already facing court paperwork, we can help at any stage.
Common Questions About Probate in Rhode Island
Do all estates go through probate in RI?
Not necessarily. Small estates or assets held in trusts, joint ownership, or with named beneficiaries can avoid probate.
What if there’s no will?
The estate will be distributed according to Rhode Island intestacy laws, which prioritize spouses, children, and next of kin.
How much does probate cost?
Costs vary by estate size and complexity. Expect court filing fees, publication costs, and potentially legal or accounting fees.
Speak With a Rhode Island Probate Lawyer Today
Probate doesn’t have to be a burden. With the right legal support, you can settle your loved one’s affairs confidently and compassionately.
Contact McCormick Law Offices for a free consultation today. Let’s walk through your situation and see how we can help.
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