A Practical Guide to Probate in Rhode Island

Your one-stop authority for Rhode Island probate practice

Product Number: 2110001B00
Publication Date: 5/6/2025
Edition: 3rd Edition 2025
Copyright: © 2025 MCLE, Inc.
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A Practical Guide to Probate in Rhode Island

Your one-stop authority for Rhode Island probate practice

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Pricing: $195.00; Members: $175.50; New Lawyers: $97.50

Print Book 222 pages in 1 volume with downloadable forms Note: For print books, with MCLE's automatic update service, book revisions are mailed automatically with an invoice. If you do not want to subscribe to updates, please check the opt out option during checkout.

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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: April 2025
  Dear Subscriber:
  
  Thank you for updating your library with the 2025 edition 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 issues reflected in this edition include the following:
  - the life estate provided under R.I.G.L. § 33-1-5 as a benefit to the surviving spouse when the decedent dies without issue;
  - enactment of the Rhode Island Uniform Parentage Act, which sets forth provisions on parentage, genetic testing, surrogacy agreements, and assisted reproduction;
  - a 2024 decision of the Rhode Island Supreme Court affirming that paternity must be proved by clear and convincing evidence;
  - procedures for establishing that an individual is a child's de facto parent;
  - a Rhode Island Supreme Court decision reaffirming that having a claim against the estate does not disqualify the claimant from serving as the executor;
  - application of the illusory transfer test to a trustee's renunciation of power to reconvey property held in trust;
  - use of legal fees to defend an estate from fraudulent claims;
  - subject matter jurisdiction as an "indispensable ingredient" of any judicial proceeding;
  - appointment of guardians for persons who are partially incapacitated; and
  - a 25 percent reduction in a fee award against a pro se litigant notwithstanding the discretion normally accorded to the trial court;
  - updates to court forms and additional detail for case law and statutory citations.
  We trust you will find the 2025 edition of 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.
  
  Cordially,
  
  MCLE Press
Table of Contents

Table of Contents
expand all

Chapter 01 expand

Intestacy and Administration
Buy Chapter
Kenneth R. Rampino, Esq., Rampino Law, Ltd

Exhibit 1A
- Table of Consanguinity Buy Form

Chapter 02 expand

Probating the Will
Buy Chapter
Joseph Thomas Galindo, Jr., Esq., Harris Beach Murtha Cullina PLLC
Lynn E. Riley, Esq., Cameron & Mittleman LLP

Exhibit 2A
- Petition to Issue Citation for Delivery of Will (Form PC-10.5) Buy Form

Exhibit 2AA
- Claim of Appeal (Form PC-9.3) Buy Form

Exhibit 2B
- Petition to Secure Concealed Will and Cite Respondent to Appear and Be Examined Under Oath (Form PC-10.5) Buy Form

Exhibit 2BB
- Petition for Administration De Bonis Non (Form PC-1.2) Buy Form

Exhibit 2C
- Petition to File Will with No Assets (Form PC-1.4) Buy Form

Exhibit 2CC
- Administration de Bonis Non cum Testamento Annex (Form PC-1.2) (Sample No. 2) Buy Form

Exhibit 2D
- Petition for Voluntary Informal Executor (Form PC-1.9) Buy Form

Exhibit 2DD
- Notice of Hearing Letter Buy Form

Exhibit 2E
- Petition to Amend Voluntary Informal Executor Statement Buy Form

Exhibit 2EE
- Affidavit of Notice (Sample No. 2) Buy Form

Exhibit 2F
- Petition for Appointment of Custodian (Form PC-2.11) Buy Form

Exhibit 2FF
- Fiduciary Resignation (Form PC-1.7) Buy Form

Exhibit 2G
- Attachment to Petition for Appointment of Custodian Buy Form

Exhibit 2GG
- Petition for Allowance of Foreign Will (Form PC-1.6) Buy Form

Exhibit 2H
- Custodian’s Affidavit Buy Form

Exhibit 2HH
- Petition for the Appointment of a Guardian ad Litem for Minor Beneficiaries Buy Form

Exhibit 2I
- Petition to Appoint Receiver (Form PC-2.13) Buy Form

Exhibit 2II
- Proposed Order to Guardian ad Litem Petition Buy Form

Exhibit 2J
- Affidavit of Domicile Buy Form

Exhibit 2K
- Petition for Probate of Will (Form PC-1.5) Buy Form

Exhibit 2L
- Administration de Bonis Non cum Testamento Annexo (Form PC-1.2) (Sample No. 1) Buy Form

Exhibit 2M
- Affidavit of Subscribing Witness Buy Form

Exhibit 2N
- Self-Proving Affidavit Attached to Will Buy Form

Exhibit 2O
- Attorney of Record Form (Form PC-9.2) Buy Form

Exhibit 2P
- Appointment of Agent (Form PC-3.5) Buy Form

Exhibit 2Q
- Waiver (Form PC-9.1) Buy Form

Exhibit 2R
- Advertising (Form PC-9.1) Buy Form

Exhibit 2S
- Acceptance of Trust (Form PC-3.4) Buy Form

Exhibit 2T
- Notice of Hearing Letter Buy Form

Exhibit 2U
- Affidavit of Notice (Sample No. 1) Buy Form

Exhibit 2V
- Subpoena Duces Tecum (Form PC-5.3) Buy Form

Exhibit 2W
- Dedimus Potestatem (Form PC-10.9) Buy Form

Exhibit 2X
- Universal Appointment Bond (Corporate Surety Exempted) (Form PC-3.1A) Buy Form

Exhibit 2Y
- Universal Appointment Bond (with Corporate Surety) (Form PC-3.1B) Buy Form

Exhibit 2Z
- Affidavit to Waive Surety Buy Form

Chapter 03 expand

Construction of Wills
Buy Chapter
Eric D. Correira, Esq., Correira Law

Chapter 04 expand

Personal Representatives’ Qualifications and Bonds
Buy Chapter
Kristin N. Matsko, Esq., Adler Pollock & Sheehan, P.C.

Exhibit 4A
- Acceptance/Declination of Trust (Form PC-3.4) Buy Form

Exhibit 4B
- Appointment of Agent (Form PC-3.5) Buy Form

Exhibit 4C
- Universal Appointment Bond (Corporate Surety Exempted) (Form PC-3.1A) Buy Form

Exhibit 4D
- Universal Appointment Bond (with Corporate Surety) (Form PC-3.1B) Buy Form

Exhibit 4E
- Bond for Sale-Mortgage of Real Estate of Deceased Person (Form PC-3.8) Buy Form

Exhibit 4F
- Petition to Render Inventory and/or Account (Form PC-5.2) Buy Form

Chapter 05 expand

Inventory and Appraisal of Personal Estate
Buy Chapter
Paul A. Brule,

Exhibit 5A
- Universal Appointment Bond (Corporate Surety Exempted) (Form PC-3.1A) Buy Form

Exhibit 5B
- Petition for Voluntary Informal Administrator (Form PC-1.10) Buy Form

Exhibit 5C
- Petition for Voluntary Informal Executor (Form PC-1.9) Buy Form

Exhibit 5D
- Petition to Render Inventory and Account (Form PC-5.2) Buy Form

Exhibit 5E
- Removal Petition (Form PC-1.8) Buy Form

Exhibit 5F
- Universal Inventory—Probate Estate Sample Buy Form

Exhibit 5G
- Petition to File Will with No Assets (Form PC-1.4) Buy Form

Exhibit 5H
- Universal Inventory—Guardianship Estate Sample No. 1 Buy Form

Exhibit 5I
- Personal Property Appraisal—Jewelry Sample Buy Form

Exhibit 5J
- Universal Inventory—Guardianship Estate Sample No. 2 Buy Form

Exhibit 5K
- Universal Inventory—Amended Guardianship Estate Sample Buy Form

Exhibit 5L
- Supplemental Inventory (Form PC-10.4) Buy Form

Chapter 06 expand

Disposition and Sale of Real Estate
Buy Chapter
Kenneth R. Rampino, Esq., Rampino Law, Ltd

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

Exhibit 6D
- Form of Bond (Form PC-3.8) Buy Form

Exhibit 6E
- Guardian’s Deed Buy Form

Exhibit 6F
- Administrator’s Deed (Nonresident) Buy Form

Exhibit 6G
- Administrator’s Deed (Resident) Buy Form

Exhibit 6H
- Executor’s Deed Under Power of Sale Buy Form

Exhibit 6I
- Executor’s Deed Under License to Sell Buy Form

Chapter 07 expand

Debts, Charges, Claims, and Allowances
Buy Chapter
Richard D. Bostwick,

Chapter 08 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 09 expand

Guardianships and Conservatorships of Adults
Buy Chapter
Jennifer L. Olean, Esq., Sjoberg & Votta Law Offices

Exhibit 9A
- Petition for Limited Guardianship or Guardianship (Form PC-2.3) Buy Form

Exhibit 9B
- Decision-Making Assessment Tool (Form PC-2.5) Buy Form

Exhibit 9C
- Notice (Form PC-2.4) Buy Form

Exhibit 9D
- Temporary Guardianship (Form PC-2.1) Buy Form

Exhibit 9E
- Annual Status Report (Form PC-2.8) Buy Form

Exhibit 9F
- Conservatorship Petition (Form PC-2.10) Buy Form

Chapter 10 expand

Probate Litigation
Buy Chapter
Mark A. Sjoberg, Esq.,

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
- Reasons of Appeal Buy Form

Exhibit 10E
- Affidavit in Proof of Docketing Probate Appeal Buy Form

Exhibit 10F
- Notice of Probate Appeal Buy Form

Exhibit 10G
- Certificate of Notice of Probate Appeal Buy Form

Exhibit 10H
- Entry of Appearance Buy Form

Exhibit 10I
- Motion to Intervene Buy Form
Editors & Authors

Editor(s)

David J. Strachman, Esq., Pawtuxet Village

Author(s)

Paul A. Brule, Esq., Walsh, Brule & Nault, PC, Cumberland

Eric D. Correira, Esq., Correira Law, Swansea

Joseph Thomas Galindo, Jr., Esq., Harris Beach Murtha Cullina PLLC, Boston

Kristin N. Matsko, Esq., Adler Pollock & Sheehan, P.C., Providence

Hon. Cristine McBurney, McBurney Law Associates, Pawtucket

Jennifer L. Olean, Esq., Sjoberg & Votta Law Offices, Warwick

Kenneth J. Rampino, Esq.,

Kenneth R. Rampino, Esq., Rampino Law, Ltd, North Kingstown

Lynn E. Riley, Esq., Cameron & Mittleman LLP, Providence

Mark A. Sjoberg, Esq.,

David J. Strachman, Esq., Pawtuxet Village

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A Practical Guide to Probate in Rhode Island

Your one-stop authority for Rhode Island probate practice

A Practical Guide to Probate in Rhode Island

Your one-stop authority for Rhode Island probate practice

Choose Format:

Product Description

Recent updates:

Table of Contents

Intestacy and Administration

Exhibit 1A

Probating the Will

Exhibit 2A

Exhibit 2AA

Exhibit 2B

Exhibit 2BB

Exhibit 2C

Exhibit 2CC

Exhibit 2D

Exhibit 2DD

Exhibit 2E

Exhibit 2EE

Exhibit 2F

Exhibit 2FF

Exhibit 2G

Exhibit 2GG

Exhibit 2H

Exhibit 2HH

Exhibit 2I

Exhibit 2II

Exhibit 2J

Exhibit 2K

Exhibit 2L

Exhibit 2M

Exhibit 2N

Exhibit 2O

Exhibit 2P

Exhibit 2Q

Exhibit 2R

Exhibit 2S

Exhibit 2T

Exhibit 2U

Exhibit 2V

Exhibit 2W

Exhibit 2X

Exhibit 2Y

Exhibit 2Z

Construction of Wills

Personal Representatives’ Qualifications and Bonds

Exhibit 4A

Exhibit 4B

Exhibit 4C

Exhibit 4D

Exhibit 4E

Exhibit 4F

Inventory and Appraisal of Personal Estate

Exhibit 5A

Exhibit 5B

Exhibit 5C

Exhibit 5D

Exhibit 5E

Exhibit 5F

Exhibit 5G

Exhibit 5H

Exhibit 5I

Exhibit 5J

Exhibit 5K

Exhibit 5L

Disposition and Sale of Real Estate

Exhibit 6A

Exhibit 6B

Exhibit 6C

Exhibit 6D

Exhibit 6E

Exhibit 6F

Exhibit 6G

Exhibit 6H

Exhibit 6I

Debts, Charges, Claims, and Allowances

Estate Accounts

Exhibit 8A