Finishing an estate involves more than distributing the money.
Before a Rhode Island probate estate can be properly closed, the executor or administrator generally needs to establish that the administration itself has been completed. Rhode Island's Affidavit of Complete Administration provides a useful picture of what that means.
Claims and administration expenses must be addressed
Before closing, the fiduciary needs to account for administration expenses and claims. That may involve identifying creditor claims, paying valid claims, resolving disputed claims, paying expenses of administration, addressing liens, and retaining appropriate funds until unresolved obligations are completed.
Tax matters must be completed
Applicable estate-tax requirements also need to be addressed. For many Rhode Island estates, that includes an RI-706 and a Notice of No Tax Due even though the estate ultimately owes no Rhode Island estate tax.
Read: Why File an RI-706 When No Rhode Island Estate Tax Is Owed?
The funeral bill matters
Rhode Island's closing paperwork specifically addresses proof that the funeral bill has been paid.
This is one of those seemingly small documents that can become unexpectedly important at the end of an estate. In practice, a well-maintained estate file saves considerable time here. Trying to locate a receipted funeral bill, an old reimbursement record or other supporting documentation a year later is far less efficient than preserving it when the payment is originally made.
Beneficiaries must receive the correct distributions
The executor should maintain records showing who is entitled to receive the estate, how each share was calculated, what expenses and reimbursements were deducted, what was distributed, and whether appropriate receipts or releases have been obtained.
Real estate must also be accounted for
If the decedent owned Rhode Island real property, the estate must address what happened to it. Depending on the circumstances, the property may have been sold during administration or documentation may be required to establish its passage to the appropriate beneficiaries or heirs.
Closing papers are the end result—not a shortcut
I think this distinction is important.
The final probate forms are not simply paperwork that causes an estate to become complete. They memorialize the fact that the substantive administration has already been completed.
That is why an estate may have made substantial distributions and still not be ready to close. A tax clearance, creditor issue, unpaid expense, real-estate matter or incomplete distribution may still need attention.
Read: Can an Executor Distribute an Estate Before Probate Is Finished?
Speak with a Rhode Island probate attorney
Attorney Mark C. Hamer assists executors, administrators and families with probate and estate administration throughout Rhode Island from his Providence office.
Learn more about Probate & Estate Administration or contact Mark to discuss the circumstances of an estate.
Official sources
- Rhode Island Secretary of State — PC-7.3 Affidavit of Complete Administration and PC-10.13 Affidavit of Real Property
- Rhode Island Division of Taxation — Estate Tax
This article provides general information only and is not legal advice.