How Long Does Probate Take in Rhode Island?

When a family begins administering an estate, one of the first questions is often: How long is probate going to take?

There is no single timeline that applies to every Rhode Island estate. A relatively straightforward estate may move efficiently, while an estate involving real estate, creditor claims, tax issues, Medicaid recovery, missing records or disagreements among beneficiaries can take considerably longer.

Probate is a process, not a single court hearing

Opening the estate is only the beginning. Depending on the circumstances, an executor or administrator may need to:

obtain appointment from the Probate Court;
identify and collect estate assets;
establish an estate bank account;
prepare an inventory;
notify creditors;
determine and resolve valid debts and claims;
address Rhode Island estate-tax requirements;
sell or transfer real estate;
resolve EOHHS or Medicaid estate-recovery issues;
prepare an accounting;
distribute the remaining property; and
complete the documents necessary to close the estate.

Rhode Island generally requires an executor or administrator to file an inventory of the decedent's personal property and other specified assets within 90 days after appointment unless the Probate Court allows additional time.

Why an estate can have money and still not be ready to distribute

One issue I regularly encounter in estate administration is understandable frustration when beneficiaries know that the estate has money in its bank account but have not yet received their inheritance.

The availability of cash does not necessarily mean administration is complete. The executor may still be waiting on creditor periods, tax clearance, a property closing, a Medicaid claim, reimbursement documentation, or another obligation that must be resolved before the remaining balance can safely be distributed.

Creditor claims affect the timeline

Rhode Island generally provides creditors six months from the first publication of notice to present claims against an estate, subject to statutory exceptions. That does not mean the estate must remain idle during those six months. Assets can be identified, bills reviewed, tax work started and property prepared for sale.

It does mean that an executor should be cautious about treating every dollar in the estate account as immediately available for inheritance.

Read: Can an Executor Distribute an Estate Before Probate Is Finished in Rhode Island?

Real estate often adds time

A house is frequently the largest estate asset. The property may have to be insured, maintained, cleaned out, valued, listed and sold. There may also be mortgages, tax liens, Medicaid claims or disagreements concerning what should happen to the property.

Read: Selling a House During Probate in Rhode Island

Tax clearance can delay closing even when no tax is owed

An estate that owes no Rhode Island estate tax may still have tax paperwork to complete. For example, an RI-706 may be needed to obtain a Notice of No Tax Due or address Rhode Island's statutory estate-tax lien on real property.

Read: Why File an RI-706 When No Rhode Island Estate Tax Is Owed?

A longer probate does not necessarily mean something is wrong

Good estate administration is not measured solely by speed. The executor's responsibility is to identify the estate's assets and obligations, maintain adequate records, address valid claims and taxes, and distribute the correct amount to the correct people. Trying to force an estate to close before those issues are resolved can create larger and more expensive problems.

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

This article provides general information only and is not legal advice. Probate requirements depend upon the circumstances of the particular estate.