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Probate and Estates

WE MAKE ELDER LAW HOUSE CALLS IN RHODE ISLAND

Contact the Rhode Island Probate Attorneys at The Law Offices of Jeremy W. Howe, Ltd.:
401-841-5700 or via EMail HERE.

What is “Probate”?

The word “probate” originally related to proof. Then it came to relate to proof of wills and specifically the act or process of proving a will. In American law, probate is now a general name or term used to include all matters of which probate courts have jurisdiction. In Rhode Island, Probate practice and procedure are controlled primarily by Title 33 of the General Laws and the interpretations of those statutes by the Rhode Island Supreme Court.

Client’s father passed away. Middletown, RI
“Hilary – The day I met you, I was a mess. I was so upset about my dad and everything that I had to get done, and then you helped me out and I just started to feel better. Thank you so much.”
Read more testimonials

Each city or town in Rhode Island has its own Probate courts and they appoint (or elect) their own Probate judge. Probate hearings are normally held in the city or town hall.
What matters specifically come under the control of the Probate Court?

• Wills including proof of wills, contest of wills, interpretation of wills, custody of wills, appointment of and qualification of executors
• In a case where no will was drafted, an “Administration” is opened, an administrator is appointed and property of a decedent is disposed of in accordance with the laws of intestacy or the “Rules of Descent” contained in Title 33, Chapter 33-1
• If there is a will or if there is no will, the personal representative (the executor or administrator) must collect the decedent’s estate, manage it, provide for an allowance to the decedent’s family, pay claims against the estate (or deny the claim and defend the denial), prosecute or defend suits for and against the estate, inventory and account for estate assets, and distribute the estate in accordance with gifts in the will , - all under the supervision and control of the probate judge
• a probate bond is obtained in all cases and “surety” (a corporate guaranty in the nature of “insurance”) is required on the bond of the personal representative unless in the case of a will the testator directed that the executor shall serve without surety
• Guardianships  and Conservatorships including those over “incompetents” due to advanced age or disability including “disabled” adults and children, and young children.
• Complaints of beneficiaries, heirs, wards and other interested parties regarding the performance of a personal representatives, a guardian or a conservator and hearings including petitions to remove them and replace them

Contact the Rhode Island Estates Attorneys at The Law Offices of Jeremy W. Howe, Ltd.:
401-841-5700 or via EMail HERE. ***WE MAKE ELDER LAW HOUSE CALLS IN RI***

 

 

Disclaimer

CASE RESULTS : EACH CASE IS FACT SPECIFIC AND WHAT MAY HAVE HAPPENED IN THESE CASES MAY NOT “FIT” YOUR PARTICULAR SITUATION OR BE IN YOUR BEST INTEREST.

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The information contained in this site is provided as a public service for informational purposes only and is not intended to be a comprehensive statement of the law or, in particular, to contain legal advice. Laws vary from state to state and are subject to change, which could affect the information available on this site. If you have questions regarding any information found on this site, you should consult an attorney who can investigate the particular circumstances of your situation. Persons receiving information found on this site should not act on this information without receiving professional legal counsel. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The Court does not license any lawyer as an expert or a specialist in any field of practice.