Help

A Practical Guide to Probate in Rhode Island

Your one-stop authority for Rhode Island probate practice

book
  • Product Number: 2110001B00
  • Publication Date: 10/6/2017
  • Edition: 1st Edition 2011, with 2015 & 2017 Supplements
  • Copyright: © 2017 MCLE, Inc.
  • Add to Favorites List

Choose Format:

Also Available:
article
Related Articles
See Table of Contents below to purchase individual chapters from this book. Price per chapter: $50.00; Sponsor Members $45.00; New Lawyers $37.50 Free for OnlinePass subscribers.
article
Related Checklists and Forms
See Table of Contents below to purchase individual checklists and forms from this book. Price per exhibit: $25.00; Sponsor Members $22.50; New Lawyers $18.75
  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    This comprehensive one-volume resource is a practical guide to the challenges of probate practice in Rhode Island. The book's editors, the Honorable Marvin Homonoff and Mark Sjoberg, have assembled an outstanding roster of Rhode Island practitioners to guide you through each step in the process. Time-tested tips and guidance from the book's authors are further illustrated by dozens of forms and exhibits. Throughout the process, from initial steps in handling a will or intestate estate through accounting, disposition of real estate, and any probate litigation that may arise, A Practical Guide to Probate in Rhode Island is an indispensable resource for Rhode Island attorneys handling probate matters.

    Recent updates:

    • Update: September 2017

      Dear Subscriber:

      Thank you for updating your library with the 2017 supplement to A Practical Guide to Probate in Rhode Island. This latest version of the book brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.

      Highlights from the developments reflected in this supplement include the following:

      • extensive revisions to the Probate Court forms published for use in Rhode Island;
      • a discussion of the interaction between the pretermitted child statute and advances in reproductive technology allowing a child to be born long after the death of his or her parent—an issue currently unsettled under Rhode Island law;
      • a Rhode Island Supreme Court decision on standing in will contests;
      • a recent case applying the doctrine of equitable adoption to a stepchild seeking to inherit from his stepfather's estate;
      • changes to Rhode Island probate appellate practice eliminating the requirement that a certified copy of the record be filed with the court within thirty days;
      • a detailed discussion of Barrett v. Barrett, a 2006 case addressing whether the elective share statute may be extended beyond the pure probate estate to real estate owned by a revocable trust;
      • a decision of the U.S. Court of Appeals for the First Circuit ruling that a mortgagee, as a secured creditor, is not subject to the limitations contained in R.I.G.L. § 33-11-5 (which addresses the time allowed for presenting claims against decedents' estates); and
      • a decision on the Superior Court's exercise of supplemental jurisdiction over matters within the jurisdiction of the Probate Court.

      We trust you will find the 2017 supplement to A Practical Guide to Probate in Rhode Island a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

      Very truly yours,

      John M. Lawlor, Esq., MCLE Publications Attorney

    • Update: March 2015

      Dear Subscriber:

      Thank you for updating your reference library with the 2015 supplement to A Practical Guide to Probate in Rhode Island. Highlights from the most recent developments include the following:

      • numerous legislative actions affecting Rhode Island probate practice, including the enactment of the Financial Exploitation of Elders and Dependent Persons Act and changes relating to
        • survivorship;
        • rules of descent;
        • rules governing set off for surviving spouses;
        • procedures for reopening estates or administrations without the consent of the Probate Court in circumstances involving newly discovered assets of no more than $5,000; and
        • with respect to probate appeal procedure, elimination of the "record of proceedings" requirement that had been set forth in R.I.G.L. § 33-23-1(b) and (c);
      • extension of the right to marry to same-sex couples;
      • requirements for notice to the Executive Office of Health and Human Services and a related decision of the Rhode Island Supreme Court regarding the obligations and liabilities of fiduciaries;
      • additional discussion on a number of other important issues, including the treatment of promissory notes, joint accounts, intervivos gifts, treatment of real estate in intestate estates, and child support arrearages.

      We trust you will find the 2015 supplement to A Practical Guide to Probate in Rhode Island a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

      Very truly yours,

      John M. Lawlor, Esq., MCLE Publications Attorney

  • Table of Contents

    Table of Contents

    expand all
    Chapter 1 expand

    Intestacy and Administration

    Buy Chapter
    A. Larry Berren, Esq., The Berren Law Firm
    Kenneth R. Rampino, Esq., Rampino Law, Ltd.

    Exhibit 1A

    - Table of Consanguinity Buy Form
    Chapter 2 expand

    Exhibit 2A

    - Petition to Issue Citation for Delivery of Will Buy Form

    Exhibit 2AA

    - Reserved

    Exhibit 2B

    - Reserved

    Exhibit 2BB

    - Reserved

    Exhibit 2C

    - Petition to Secure Concealed Will and Cite Respondent to Appear and Be Examined Under Oath Buy Form

    Exhibit 2CC

    - Affidavit to Waive Surety Buy Form

    Exhibit 2D

    - Petition to File Will with No Assets Buy Form

    Exhibit 2DD

    - Claim of Appeal (Form PC-9.3) Buy Form

    Exhibit 2E

    - Petition for Voluntary Informal Executor Buy Form

    Exhibit 2EE

    - Petition for Administration De Bonis Non (Form PC-1.2) Buy Form

    Exhibit 2F

    - Petition to Amend Voluntary Informal Executor Statement Buy Form

    Exhibit 2FF

    - Petition for Administration De Bonis Non Cum Testamento Annexo (Form PC-1.2) Buy Form

    Exhibit 2G

    - Petition for Appointment of Custodian (Form PC-2.11) Buy Form

    Exhibit 2GG

    - Advertising (Form PC-9.1) Buy Form

    Exhibit 2H

    - Attachment to Petition for Appointment of Custodian Buy Form

    Exhibit 2HH

    - Notice of Hearing Letter Buy Form

    Exhibit 2I

    - Custodian’s Affidavit Buy Form

    Exhibit 2II

    - Affidavit of Notice Buy Form

    Exhibit 2J

    - Petition to Appoint Receiver (Form PC-2.13) Buy Form

    Exhibit 2JJ

    - Fiduciary Resignation Buy Form

    Exhibit 2K

    - Affidavit of Domicile Buy Form

    Exhibit 2KK

    - Petition for Allowance of Foreign Will Buy Form

    Exhibit 2L

    - Petition for Probate of Will Buy Form

    Exhibit 2LL

    - Attorney of Record (Form PC-9.2) Buy Form

    Exhibit 2M

    - Affidavit of Subscribing Witness Buy Form

    Exhibit 2MM

    - Appointment of Agent (Form PC-3.5) Buy Form

    Exhibit 2N

    - Self-Proving Affidavit Attached to Will Buy Form

    Exhibit 2NN

    - Acceptance/Declination (Form PC-3.4) Buy Form

    Exhibit 2O

    - Attorney of Record Form (Form PC-9.2) Buy Form

    Exhibit 2OO

    - Advertising (Form PC-9.1) Buy Form

    Exhibit 2P

    - Appointment of Agent (Form PC-3.5) Buy Form

    Exhibit 2PP

    - Universal Appointment Bond (Corporate Surety Exempted) (Form PC-3.1A) Buy Form

    Exhibit 2Q

    - Waiver (Form PC-9.1) Buy Form

    Exhibit 2QQ

    - Petition for the Appointment of a Guardian Ad Litem for Minor Beneficiaries Buy Form

    Exhibit 2R

    - Advertising Form (Form PC-9.1) Buy Form

    Exhibit 2RR

    - Proposed Order to Guardian Ad Litem Petition Buy Form

    Exhibit 2S

    - Acceptance of Trust (Form PC-3.4) Buy Form

    Exhibit 2T

    - Reserved

    Exhibit 2U

    - Notice of Hearing Letter Buy Form

    Exhibit 2V

    - Affidavit of Notice Buy Form

    Exhibit 2W

    - Reserved

    Exhibit 2X

    - Reserved

    Exhibit 2Y

    - Universal Appointment Bond (Corporate Surety Exempted) Buy Form

    Exhibit 2Z

    - Universal Appointment Bond (with Corporate Surety) Buy Form
    Chapter 4 expand

    Personal Representatives’ Qualifications and Bonds

    Buy Chapter
    Lillian M. Lloyd, Esq., Orson & Brusini, Ltd.

    Exhibit 4A

    - Form PC-3.4 (Acceptance/Declination) Buy Form

    Exhibit 4B

    - Form PC-3.5 (Appointment of Agent) Buy Form

    Exhibit 4C

    - Form PC-3.1 (Universal Appointment Bond) Buy Form

    Exhibit 4D

    - Form PC-3.8 (Bond for Sale or Mortgage of Real Estate of Deceased Person) Buy Form

    Exhibit 4E

    - Form PC-5.2 (Petition to Render Inventory and/or Account) Buy Form
    Chapter 5 expand

    Inventory and Appraisal of Personal Estate

    Buy Chapter
    Paul A. Brule, Esq., Walsh, Brule & Nault, PC

    Exhibit 5A

    - Universal Appointment Bond (Form PC-3.1) Buy Form

    Exhibit 5B

    - Universal Inventory (Form PC-3.3) Buy Form

    Exhibit 5C

    - Petition for Voluntary Informal Administration (Form PC-1.9) Buy Form

    Exhibit 5D

    - Petition for Voluntary Informal Executor (Form PC-1.8) Buy Form

    Exhibit 5E

    - Petition to Render Inventory and Account (Form PC-5.2) Buy Form

    Exhibit 5F

    - Probate Court Forms ManualGeneral Citation (Form PC-5.1) Buy Form

    Exhibit 5G

    - Removal Petition (Form PC-1.7) Buy Form

    Exhibit 5H

    - Sample Universal InventoryProbate Estate (Form PC-3.3) Buy Form

    Exhibit 5I

    - Petition to File Will with No Assets (Form PC-1.3) Buy Form

    Exhibit 5J

    - Sample Universal InventoryGuardianship Estate (Form PC-3.3) Buy Form

    Exhibit 5K

    - Sample Personal Property AppraisalJewelry Buy Form

    Exhibit 5L

    - Sample Universal InventoryGuardianship Estate (Form PC-3.3) Buy Form

    Exhibit 5M

    - Sample Universal InventoryAmended Guardianship Estate (Form PC-3.3) Buy Form

    Exhibit 5N

    - Supplemental Inventory (Form PC-10.4) Buy Form
    Chapter 6 expand

    Disposition and Sale of Real Estate

    Buy Chapter
    Kenneth J. Rampino, Esq., Rampino Law Associates

    Exhibit 6A

    - Certificate of Devise or Descent (Form PC-10.6) Buy Form

    Exhibit 6B

    - Notice of Commencement of Probate (Form PC-9.9) Buy Form

    Exhibit 6C

    - Reserved

    Exhibit 6D

    - Petition for Sale or Mortgage of Real Estate (Form PC-4.2) Buy Form

    Exhibit 6E

    - Form of Bond (Form PC-3.8) Buy Form

    Exhibit 6F

    - Guardian’s Deed Buy Form

    Exhibit 6G

    - Administrator’s Deed (Nonresident) Buy Form

    Exhibit 6H

    - Administrator’s Deed (Resident) Buy Form

    Exhibit 6I

    - Executor’s Deed Under Power of Sale Buy Form

    Exhibit 6J

    - Executor’s Deed Under License to Sell Buy Form
    Chapter 7 expand

    Debts, Charges, Claims, and Allowances

    Buy Chapter
    Chapter 8 expand

    Estate Accounts

    Buy Chapter
    Hon. Cristine McBurney, McBurney Law Associates

    Exhibit 8A

    - Account (Form PC-7.1) Buy Form

    Exhibit 8B

    - Certification of Accounting (Form PC-7.2) Buy Form

    Exhibit 8C

    - General Release (Form PC-7.7) Buy Form

    Exhibit 8D

    - Affidavit of Complete Administration (Form PC-7.3) Buy Form

    Exhibit 8E

    - Certificate of Devise or Descent (Form PC-10.6) Buy Form

    Exhibit 8F

    - Affidavit of Notice to Creditors and the Executive Office of Health and Human Services Buy Form

    Exhibit 8G

    - Affidavit of No Real Property Buy Form
    Chapter 9 expand

    Guardianships and Conservatorships of Adults

    Buy Chapter
    Mark B. Heffner, Esq., Heffner & Associates

    Exhibit 9A

    - Form PC-2.3, Petition for Limited Guardianship or Guardianship Buy Form

    Exhibit 9B

    - Form PC-2.5, Decision-Making Assessment Tool Buy Form

    Exhibit 9C

    - Form PC-2.4, Notice Buy Form

    Exhibit 9D

    - Reserved

    Exhibit 9E

    - Form of Letter Requesting BCI Check Buy Form

    Exhibit 9F

    - Form PC-2.1, Temporary Guardianship Buy Form

    Exhibit 9G

    - Form PC-2.8, Annual Status Report Buy Form

    Exhibit 9H

    - Form PC-2.10, Conservatorship Petition Buy Form
    Chapter 10 expand

    Exhibit 10A

    - Statewide Forms Buy Form

    Exhibit 10B

    - Order (Form PC-10.12) Buy Form

    Exhibit 10C

    - Claim of Appeal (Form PC-9.3) Buy Form

    Exhibit 10D

    - Reserved

    Exhibit 10E

    - Reasons of Appeal Buy Form

    Exhibit 10F

    - Affidavit in Proof of Docketing Probate Appeal Buy Form

    Exhibit 10G

    - Notice of Probate Appeal Buy Form

    Exhibit 10H

    - Certificate of Notice of Probate Appeal Buy Form

    Exhibit 10I

    - Entry of Appearance Buy Form

    Exhibit 10J

    - Motion to Intervene Buy Form
  • Editors & Authors
TOP