Overview of the Rhode Island Probate Process
Most people have heard the term probate at least once in their life. If you are living in the state of Rhode Island, you might be wondering what this complicated-sounding word means, why there is a need for it, and why you must fill out probate forms.
Probate refers to the process by which a will, if one exists, is proven in a court, signed, and entered into the public record. The other aspect of probate refers to how property (real or personal) is distributed or dispersed after someone dies. If the decedent had a Will, the property is divided as stipulated in the document. If the deceased individual did not have a Will (known as dying "in testate"), then Rhode Island probate court laws dictate the distribution of the real and/or personal property.
In Rhode Island, probate is a legal proceeding that is used to determine whether or not a Will is legitimate. It also determines how the assets of a decedent are distributed. People often worry about the probate process because they do not understand what it is and how it can impact them. However , in most cases, probate is a simple procedure that once completed, ensures the decedent’s wishes are carried out.
Rhode Island probate begins when a petitioner submits a probate paper to the probate court with jurisdiction over the estate. The probate process continues when the judge issues a statement ordering the probate proceeding to take place. The process ends when the court records the estate as being closed.
This definition of probate seems simple enough; however, there are a great number of intricate details involved, which is why it is necessary to have a good understanding of the process. Filling out the probate forms correctly, according to the court’s instructions, is vital. The forms needed for probate in Rhode Island must contain specific information, such as the decedent’s name and date of death, a list of all of the decedent’s heirs, addresses of all heirs, description of all assets, etc.
Probate forms and distribution of assets in probate can be generally speaking, either testate (probate of a valid Will) or intestate (no Will).
Different Types of Rhode Island Probate Forms
Rhode Island Probate Forms are used in a variety of situations in the probate process. They range from petitions to some other "pieces of paper" that are required by law. Rhode Island estates have three tax returns that have to be filed, so there are forms required for those as well.
There are forms that the probate court fomally refers to as "Petitions". The most common is the petition for appointment as Personal Representative. That is a fancy way of saying it is the form to get appointed as a fiduciary in the estate. We use that same form when a fiduciary dies. That may seem a bit weird, but that is the process in the statutes.
No matter the content of the forms, there will be a requirement that they be submitted to the probate court. These filings will require additional tax filings with the State of Rhode Island and the Internal Revenue Service.
The first set of forms are the workhorse types of forms for an estate. These will include Inventory forms, Final Account forms and the like. If you haven’t guessed by the titles of these forms, the inventory lists the assets of the estate and the final account is the fiduciary report that tells the Court how the estate was handled.
There are also forms that are specific to requests made by the estate, such as a request to write off a lien or to have the estate excused from having to file a gift tax return.
The biggest types of forms that we file as probate attorneys are "Petitions" and "Accounts", probably not surprisingly, since "Petitions" ask for something from the Court and "Accounts" account to the Court on what we did with the estate.
In some situations, the estate has property in more than one state. When that is the case, we will have to have an ancillary Rhode Island estate as well as the original estate. There are forms that are specific for the ancillary estates.
Where to Find Rhode Island Probate Forms
To help facilitate the probate process, several official forms are required to be filed for all court proceedings. Official forms may be obtained at any of the Supreme and Family Courts throughout the State. Forms are also available online through the Rhode Island, State Court Account System, Inc.(SCACS). The filing fees associated with these official forms are discussed in the particular section of the article that you are working on. Also, as the Article points out, there are several forms that should be prepared but do not have to be filed with the court. When this is the case, the Article will specifically mention where to obtain these forms and what additional materials need to accompany the form.
How to Properly Fill Out Rhode Island Probate Forms
Having discussed all of the basic types of forms required in Probate cases in Rhode Island, I want to bring up the importance of completing the forms accurately, completely and in a timely manner. First and foremost, understand the requirements of the court. Understand what you are asking the court to do on each form. Make sure that you have provided the court with all of the information required by the rules regarding the form. There are a number of ways to ensure that you have accurately completed the forms. The first approach is to review the forms that are filed for a given case available on the Judiciary’s website. While this is not a fool-proof method, it can help you determine whether you are missing any information on your forms. If you are unsure regarding the requirements of a form, or if you need assistance completing a form, consider reviewing the website of Rhode Island’s probate attorneys or other free websites that can provide information regarding your form. Additionally, some people find it helpful to use a work sheet to help guide them as they are filling out forms. The work sheet should identify all basic information needed to complete the forms. Finally, if you are uncertain how to fill out a particular form or what information is necessary, you can seek assistance from a Probate Court Clerk in the court where the form will be filed. Be aware that many clerks are unable to give you legal advice, so don’t rely on court staff to be your legal counsel. While there is no requirement to hire an attorney to assist you with filling out the forms, legal counsel may still be needed in certain circumstances. For example, if the estate is likely to be in excess of the $ 15,000.00 threshold and you wish to avoid opening a full estate, then you may be required to file a Petition for Instruction before obtaining Letters. You cannot file for a Petition for Instruction without first hiring an attorney. In a contested or complex probate matter, an attorney would likely be required to represent you in the proceedings. In addition, there are a few forms that a layperson cannot complete. Regardless of your situation, it is beneficial to have an attorney review your forms before you submit them to the court. Use of a form checklist can be a useful too to assist you in making sure you are submitting all forms required for your case.
Common Issues with Filling Out Rhode Island Probate Forms
While the Forms listed above were developed for use "as is," you may decide that you want to add or change a few things. For example, perhaps you want to ask the court to waive the need for a bond. You are welcome to do so, but expect your adjustments may be rejected by the filing office for use on their form. Or, you misspoke in the instructions and you begin filling out the wrong form. These are common challenges many people have when attempting to obtain the information needed to file in the probate court system, and you are not alone if you find yourself struggling to get your probate forms filled out properly .
It is important to remember that this is why probate attorneys are in business. Not only can they help you with questions about how to fill out a form, they can help you identify which form you actually need, and how to prepare to file your documents so they are accepted the first time. We strongly recommend retaining the services of an attorney if you plan to file any probate documents, particularly if you have a more complex estate.
Penalties for Incorrect Filling of Rhode Island Probate Forms
The consequences of any omission or errors when filling out the Rhode Island probate forms is that any singular form will not be accepted by the probate court if the form is not filled out according to probate rules. In addition, the failure to complete the forms correctly and thoroughly can lead to a protracted probate process. While the Form 55 may appear to be relatively straightforward, it is the detail in the covering documents that more commonly gives probate court clerks reason to reject the documents. Incomplete attachment checks, inaccurate/crossed out dates or missing signatures, for example, lead to rejection of the forms.
As with any legal documents, accuracy and thoroughness is critical and mistakes can jeopardize the entire probate process. If the computer system used to input new documents into the court files is not working, all Form 55s will have to be filed at the same time by the clerk of probate court. It may take a clerk many days to work through many applications and move them into the filing system, leading to further delays.
When to Contact a Lawyer for Probate Issues
It is important to understand that complex probate forms and issues arise in the administration of an estate and when you take a matter through probate proceedings. It will be in your best interest to consult with an experienced probate lawyer in Rhode Island. Probate attorneys are attorneys who are specialized in this area of law, in particular, the International Association of Lawyers. Additionally, probate attorneys have experience guiding their clients throughout this process and through the courts.
A probate attorney in Rhode Island also helps families and representatives of the estate when complex issues arise , and they will help you. In some cases, attorneys help their clients resolve disputes among family members as well. This legal professional may even provide his or her clients with advice on long-term estate planning issues and help you through the estate administration process.
Finally, a probate attorney in Rhode Island can advice you if you need to take a matter through the probate court system in your state. A lawyer will review your situation and be able to tell you if it’s a straightforward process and whether you could do it on your own, or if hiring a professional legal advocate is worth your while and will save you time and frustration.