Common Rhode Island Probate Mistakes to Avoid

Write the first publication date on the front of the file

Five separate six month clocks run from it: the creditor bar, the spousal life estate waiver, the elective share, the Section 33-1-6 set off and the family support allowance

File where the person LIVED

One of 39 city or town probate courts, never a county. The only Rhode Island probate matter that touches a county is a superior court appeal

The small estate ceiling ignores the car

The $15,000 is measured exclusive of tangible personal property. Real property is the disqualifier, and it disqualifies at any value

The filing fee is on personal property only

One per cent of the personal estate, $34 minimum and $1,504 maximum at the counter. The house is not in the base and the $1,504 ceiling will hide the error if you put it there

Without bond usually means without surety

Section 33-17-4 reads a will's exemption down to surety only, which is why there are two universal bond forms

If the person was 55 or older, notify EOHHS

The trigger is age, not whether you think Medicaid paid anything. Skipping it freezes every distribution including your own fee

Rhode Island has no transfer on death deed

Title 34 carries no death triggered deed. Transfer on death registration in Rhode Island reaches securities under chapter 7-11.1 and nothing else

A deed to two people is a tenancy in common by default

Section 34-3-1 says so expressly, husband and wife included. Read the granting words before telling anyone the house passes automatically

Every estate files the nine month tax statement

Form RI-706 goes in whether or not tax is due, and the probate court cannot allow the final account until the tax position is settled

The appeal is 20 days, then 30

Claim of appeal to the probate clerk within 20 days of execution, reasons of appeal to the superior court within 30 days of entry. Both are jurisdictional

Record the certificate of descent

The probate file is not the land evidence records. Form PC-10.6 goes in every city or town where the decedent held real property

The power of attorney died with the person

Stop using it the day of the death. Only the probate court's appointment gives anyone authority over the estate