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.
Table of Contents
Chapter 01 - Intestacy and AdministrationKenneth R. Rampino, Esq.,
Rampino Law, Ltd
Exhibit 1A - Table of Consanguinity
Chapter 02 - Probating the Will
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)
Exhibit 2AA - Claim of Appeal (Form PC-9.3)
Exhibit 2B - Petition to Secure Concealed Will and Cite Respondent to Appear and Be Examined Under Oath (Form PC-10.5)
Exhibit 2BB - Petition for Administration De Bonis Non (Form PC-1.2)
Exhibit 2C - Petition to File Will with No Assets (Form PC-1.4)
Exhibit 2CC - Administration de Bonis Non cum Testamento Annex (Form PC-1.2) (Sample No. 2)
Exhibit 2D - Petition for Voluntary Informal Executor (Form PC-1.9)
Exhibit 2DD - Notice of Hearing Letter
Exhibit 2E - Petition to Amend Voluntary Informal Executor Statement
Exhibit 2EE - Affidavit of Notice (Sample No. 2)
Exhibit 2F - Petition for Appointment of Custodian (Form PC-2.11)
Exhibit 2FF - Fiduciary Resignation (Form PC-1.7)
Exhibit 2G - Attachment to Petition for Appointment of Custodian
Exhibit 2GG - Petition for Allowance of Foreign Will (Form PC-1.6)
Exhibit 2H - Custodian’s Affidavit
Exhibit 2HH - Petition for the Appointment of a Guardian ad Litem for Minor Beneficiaries
Exhibit 2I - Petition to Appoint Receiver (Form PC-2.13)
Exhibit 2II - Proposed Order to Guardian ad Litem Petition
Exhibit 2J - Affidavit of Domicile
Exhibit 2K - Petition for Probate of Will (Form PC-1.5)
Exhibit 2L - Administration de Bonis Non cum Testamento Annexo (Form PC-1.2) (Sample No. 1)
Exhibit 2M - Affidavit of Subscribing Witness
Exhibit 2N - Self-Proving Affidavit Attached to Will
Exhibit 2O - Attorney of Record Form (Form PC-9.2)
Exhibit 2P - Appointment of Agent (Form PC-3.5)
Exhibit 2Q - Waiver (Form PC-9.1)
Exhibit 2R - Advertising (Form PC-9.1)
Exhibit 2S - Acceptance of Trust (Form PC-3.4)
Exhibit 2T - Notice of Hearing Letter
Exhibit 2U - Affidavit of Notice (Sample No. 1)
Exhibit 2V - Subpoena Duces Tecum (Form PC-5.3)
Exhibit 2W - Dedimus Potestatem (Form PC-10.9)
Exhibit 2X - Universal Appointment Bond (Corporate Surety Exempted) (Form PC-3.1A)
Exhibit 2Y - Universal Appointment Bond (with Corporate Surety) (Form PC-3.1B)
Exhibit 2Z - Affidavit to Waive Surety
Chapter 03 - Construction of Wills
Eric D. Correira, Esq.,
Correira Law
Chapter 04 - Personal Representatives’ Qualifications and Bonds
Kristin N. Matsko, Esq.,
Adler Pollock & Sheehan, P.C.
Exhibit 4A - Acceptance/Declination of Trust (Form PC-3.4)
Exhibit 4B - Appointment of Agent (Form PC-3.5)
Exhibit 4C - Universal Appointment Bond (Corporate Surety Exempted) (Form PC-3.1A)
Exhibit 4D - Universal Appointment Bond (with Corporate Surety) (Form PC-3.1B)
Exhibit 4E - Bond for Sale-Mortgage of Real Estate of Deceased Person (Form PC-3.8)
Exhibit 4F - Petition to Render Inventory and/or Account (Form PC-5.2)
Chapter 05 - Inventory and Appraisal of Personal Estate
Paul A. Brule,
Exhibit 5A - Universal Appointment Bond (Corporate Surety Exempted) (Form PC-3.1A)
Exhibit 5B - Petition for Voluntary Informal Administrator (Form PC-1.10)
Exhibit 5C - Petition for Voluntary Informal Executor (Form PC-1.9)
Exhibit 5D - Petition to Render Inventory and Account (Form PC-5.2)
Exhibit 5E - Removal Petition (Form PC-1.8)
Exhibit 5F - Universal Inventory - Probate Estate Sample
Exhibit 5G - Petition to File Will with No Assets (Form PC-1.4)
Exhibit 5H - Universal Inventory - Guardianship Estate Sample No. 1
Exhibit 5I - Personal Property Appraisal - Jewelry Sample
Exhibit 5J - Universal Inventory - Guardianship Estate Sample No. 2
Exhibit 5K - Universal Inventory - Amended Guardianship Estate Sample
Exhibit 5L - Supplemental Inventory (Form PC-10.4)
Chapter 06 - Disposition and Sale of Real Estate
Kenneth R. Rampino, Esq.,
Rampino Law, Ltd
Exhibit 6A - Certificate of Devise or Descent (Form PC-10.6)
Exhibit 6B - Notice of Commencement of Probate (Form PC-9.9)
Exhibit 6C - Petition for Sale or Mortgage of Real Estate (Form PC-4.2)
Exhibit 6D - Form of Bond (Form PC-3.8)
Exhibit 6E - Guardian’s Deed
Exhibit 6F - Administrator’s Deed (Nonresident)
Exhibit 6G - Administrator’s Deed (Resident)
Exhibit 6H - Executor’s Deed Under Power of Sale
Exhibit 6I - Executor’s Deed Under License to Sell
Chapter 07 - Debts, Charges, Claims, and Allowances
Richard D. Bostwick,
Chapter 08 - Estate Accounts
Hon. Cristine McBurney,
McBurney Law Associates
Exhibit 8A - Account (Form PC-7.1)
Exhibit 8B - Certification of Accounting (Form PC-7.2)
Exhibit 8C - General Release (Form PC-7.7)
Exhibit 8D - Affidavit of Complete Administration (Form PC-7.3)
Exhibit 8E - Certificate of Devise or Descent (Form PC-10.6)
Exhibit 8F - Affidavit of Notice to Creditors and the Executive Office of Health and Human Services
Exhibit 8G - Affidavit of No Real Property
Chapter 09 - Guardianships and Conservatorships of Adults
Jennifer L. Olean, Esq.,
Sjoberg & Votta Law Offices
Exhibit 9A - Petition for Limited Guardianship or Guardianship (Form PC-2.3)
Exhibit 9B - Decision-Making Assessment Tool (Form PC-2.5)
Exhibit 9C - Notice (Form PC-2.4)
Exhibit 9D - Temporary Guardianship (Form PC-2.1)
Exhibit 9E - Annual Status Report (Form PC-2.8)
Exhibit 9F - Conservatorship Petition (Form PC-2.10)
Chapter 10 - Probate Litigation
Mark A. Sjoberg, Esq.,
Exhibit 10A - Statewide Forms
Exhibit 10B - Order (Form PC-10.12)
Exhibit 10C - Claim of Appeal (Form PC-9.3)
Exhibit 10D - Reasons of Appeal
Exhibit 10E - Affidavit in Proof of Docketing Probate Appeal
Exhibit 10F - Notice of Probate Appeal
Exhibit 10G - Certificate of Notice of Probate Appeal
Exhibit 10H - Entry of Appearance
Exhibit 10I - Motion to Intervene
Author
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
