Detailed answer — how the Rhode Island probate process works and what you can do

When someone dies without a will (intestate) in Rhode Island, the Probate Court in the decedent’s county handles estate administration. The court appoints a personal representative (called an administrator) to collect assets, pay debts, and distribute the estate according to Rhode Island law. A surviving spouse typically has priority to be appointed, but the court controls the process and will decide after a petition and notice to interested persons.

Rhode Island statutes governing wills, intestacy, and probate procedures are found in Title 33 of the Rhode Island General Laws; consult the statutes for detailed text: R.I. Gen. Laws, Title 33.

Step-by-step: How to get appointed

1. Identify the correct Probate Court. File your petition in the probate court for the county where your spouse lived when they died.
2. Prepare and file a Petition for Letters of Administration. The petition asks the court to appoint you as administrator. Typical attachments include the decedent’s certified death certificate, a list of known heirs and their addresses, an inventory of known or suspected assets, and any documentation of your relationship (e.g., marriage certificate).
3. Request notice and serve interested persons. The court will require that known heirs and other interested parties receive notice of the petition. If the decedent’s family refuses to cooperate, the court will still order formal service (by mail or process server) so they cannot block the process by ignoring requests.
4. Bond requirement. The Probate Court may require an administrator to post a fiduciary bond to protect creditors and heirs. The court can waive the bond if the law permits and if heirs consent. If family members refuse to sign a waiver, expect to post a bond or ask the court to waive it for good cause.
5. Attend the hearing and obtain Letters of Administration. The court sets a hearing. If nobody objects, appointment is usually straightforward. If family members object, the judge will hear the dispute and decide who should serve. Once appointed, the court issues Letters of Administration (official documents you will present to banks and other institutions).
6. Use court power to compel cooperation and recover assets. If family members withhold assets or refuse to turn over property, the administrator can ask the court for orders to secure and recover estate property. The court can issue subpoenas, order turnover, and, if necessary, hold disobedient persons in contempt.

What to do if the other family is uncooperative

• File the petition anyway. The Probate Court process is structured to work even when heirs won’t cooperate. Service of process and formal notice are part of the procedure.
• Document communications. Keep a clear paper trail of requests for information or property, and any threats or interference.
• Ask the court for interim relief. If estate assets are at risk (bank accounts being drained, keys withheld, property at risk of being removed), you can ask the court for emergency orders to secure assets or appoint a temporary administrator.
• Do not take estate property yourself. Taking or selling assets without authority may create criminal or civil liability. Wait for court appointment or a valid written agreement or court order.

Common complications and how the court handles them

If multiple people claim priority to serve, the court decides who is best qualified. Priority rules generally favor the surviving spouse, then children, then other next of kin. If heirs allege incapacity, bad faith, or criminal conduct by a proposed administrator, the court will evaluate and may deny appointment. If a conflict is complex, the judge may appoint a neutral administrator or require a bond and additional oversight.

Typical timeline and costs

Uncontested administrations can be opened in a few weeks. Contested matters can take months. Expect filing fees, possible bond costs, and attorney fees if you hire counsel. If a bond is required, the cost is the premium you pay a surety company (a fraction of the bond amount), not the full bond amount.

When to hire an attorney

Hire a probate attorney if the family is hostile, assets are substantial or complex, creditors are pressing claims, or someone is actively removing or hiding property. An attorney will prepare the petition correctly, represent you at hearings, and seek court orders to secure estate assets if needed.

Rhode Island probate forms and local court contact pages can help you get started. For statutes, see: R.I. Gen. Laws, Title 33.

Helpful hints

• Gather key documents before filing: death certificate, marriage certificate, any bank or account statements, titles (car, real property), life insurance policies, and a list of potential heirs.
• File the petition where the decedent lived. The wrong court can delay everything.
• If family members already control assets, ask the court for an urgent hearing or turnover order rather than trying to confront them yourself.
• Expect to list all heirs and their addresses in your petition. If you don’t know everyone, explain what you’ve done to find them; the court can direct notice by publication if needed.
• If you cannot afford a bond premium, discuss options with the court clerk or your attorney; some small estates or consenting heirs may allow the court to waive bond requirements under certain conditions.
• Keep copies of everything you file and all correspondence. The court will rely on those records if a dispute arises.
• If a relative threatens violence or property theft, contact local law enforcement and your probate judge immediately. Criminal actions may be appropriate in addition to probate remedies.
• Even if you plan to represent yourself, consult a probate attorney for an initial review—many offer limited-scope consultations or flat-fee help for paperwork.