Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney about your situation.
Detailed Answer
1. Search the County Recorder’s Office
Start by visiting the Recorder of Deeds in the county where the property sits. Rhode Island law requires all conveyances of land to be recorded in a grantor–grantee index. You can review these records in person or online. See R.I. Gen. Laws § 34-11-1: https://webserver.rilin.state.ri.us/Statutes/TITLE34/34-11/34-11-1.HTM.
2. Determine Whether a Will Exists
If your parent left a will, it should have been filed in probate. Contact the local Probate Court to request a copy of the will or the estate file. Under R.I. Gen. Laws § 33-17-1, the court oversees the probate of wills and appointment of executors: https://webserver.rilin.state.ri.us/Statutes/TITLE33/33-17/33-17-1.HTM.
3. Follow Probate Procedures
If a valid will exists, the executor named in the will must open probate, inventory assets, pay debts, and distribute property per the will’s terms. Once the court issues an order and Letters Testamentary, the executor can prepare a new deed transferring title to beneficiaries.
4. Handle Intestate Succession
If there is no will, your parent is “intestate.” Rhode Island’s intestate succession laws govern distribution. Under R.I. Gen. Laws § 33-1.1-2, the estate passes to next of kin in a set order (spouse, children, parents, etc.): https://webserver.rilin.state.ri.us/Statutes/TITLE33/33-1.1/33-1.1-2.HTM. A family member or interested party must petition the Probate Court for Letters of Administration. Once appointed, the administrator can transfer title per the court’s distribution order.
5. Update the Deed
After probate or administration, prepare and record a new deed at the Recorder’s Office. The administrator or executor signs the deed, and you pay any required recording fees. The Recorder’s Office will issue a new grantor–grantee index entry showing the current owner(s).
Helpful Hints
- Request a probate search certificate from the Probate Court to confirm if a will exists.
- Review the estate’s inventory for property details and encumbrances.
- Check for homestead exemptions or liens before transferring title.
- Keep copies of Letters Testamentary or Administration for recording the deed.
- Consult an attorney if heirs disagree or if the estate has complex assets.