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Probate Administration

What is Probate Administration?:

When a person passes away owning probate assets, the process of distributing the assets of the decedent is called Probate administration. Probate assets are all assets owned by a person at the time of their death that are not transferred by contract or through joint tenancy or Trust. The process of appearing before the Probate Court to have these assets distributed is considered Probate Administration. The Probate Court ensures that all of these assets are distributed in accordance with the decedent's will or the laws of intestacy.

How long does Probate take?:

The Probate process takes a minimum of 6 months. The law requires that the Probate estate remain open in the Probate court for 6 months in order to allow creditors an opportunity to file any potential claims against the Estate. The Probate process may take more than the minimum 6 months depending on how extensive the Estate is and whether the decedent left a will or died intestate (without a Will). Usually when a person dies without leaving a Will the probate process is more time consuming.

Who handles Probate?:

It is recommended that the Probate process is handled by an attorney that focuses on probate law. There are various updates and revisions to the probate code and a probate attorney will be aware of these changes and will be equipped to assist the family with the probate procedures.

What are the Rhode Island distribution laws?:

The Rhode Island intestacy laws determine how assets are distributed if a person dies without a will. All assets are distributed to the decedent's heirs. Heirs at Law are defined as blood relatives only. Spouses are not heirs they are however entitled to a percentage of the Estate.

What are inheritance taxes?:

Inheritance taxes are paid to the Federal IRS and the State of Rhode Island if a person dies owning assets worth more than the allowable exemptions. For Rhode Island the exemption amount is $675,000.00 and the federal exemption amount is $2,000,000 for the years 2006-2008. Accountant assistance is invaluable in calculating estate taxes pursuant to probate administration.

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