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Estate Planning Law · Estate Administration

Estate Administration Guidance After a Rhode Island Loss.

The legal work after a loved one’s passing can feel unfamiliar. We help fiduciaries and heirs understand what must happen, in what order, and why.

Estate administration papers and a pen

The role of the executor or administrator

The executor follows a will; an administrator handles an estate when there is no effective executor or will-based appointment.

The work involved

  • Locate and protect property.
  • Identify how each asset is owned.
  • Notify the court, creditors, and interested people as required.
  • Pay valid debts, expenses, and taxes.
  • Transfer or sell property under the document and court rules.
  • Keep clear records before distributing what remains.

Choosing a person

A good fiduciary is organized, trustworthy, willing to serve, and able to handle financial and family responsibilities. A professional or alternate may be appropriate for a complicated or tense estate.

When there is no valid will

Rhode Island intestacy rules determine who may inherit and who may handle the probate process.

Default rules are not a personal plan

The result may not match what the person intended, especially with a blended family, unmarried partner, minor children, a business, or property in more than one place. A will can name people and give the court better direction, but it still generally goes through probate.

Real estate and business interests

Property cannot be distributed correctly until its ownership and obligations are understood.

Homes and land

The fiduciary may need a deed, title work, lien information, tax records, insurance, and court authority before a property can be sold or transferred. See our related Rhode Island real estate services when an estate property needs a closing.

A closely held business

An ownership interest may have an operating agreement, buy-sell provision, valuation question, or lender requirement. Estate administration should be coordinated with business counsel instead of treated as a stand-alone account.

Probate, privacy, and timing

Probate is a court process that can make heirs, amounts, and addresses part of the public record.

Expect a process

Probate may take many months to a couple of years or longer, depending on the assets, debts, tax questions, disputes, and court requirements. Accounts and property can be difficult to access while the work is pending.

A trust administration is different

Assets properly held in a living trust are generally administered privately under the trust terms. A pour-over will can catch assets left outside the trust, but those assets may still need probate first.

A careful next step

After a death, the first goal is to preserve property and understand the legal path before distributing anything.

Bring the documents

Gather the will, trust, deeds, account statements, insurance information, tax records, and business documents. We help executors, administrators, and heirs understand the paperwork and sequence of decisions.

A steady process helps a family make fewer expensive decisions under pressure.

Client perspective

A few words from clients.

Read more reviews ↗

★★★★★

“Tomassi Law is a top notch organization. My Estate Planning was covered in every detail, and any future concerns were addressed. I can not stress enough how professional and congenial the entire process was. I highly recommend this firm.”

★★★★★

“Mr. Tomassi was very helpful and very professional. I would highly recommend his services to anyone. The thing that impressed me most was when my son was asking questions about the estate he stated that he represents me and works in my best interest. Thank You Mr. Tomassi.”

Clear answers

Frequently Asked Questions

Why does an estate plan matter if my estate is modest?

An estate plan can make your wishes clear, name people to act for you, and give your family a more organized path during a difficult time. The value of planning is not limited to the size of an estate; it also includes decisions about health care, finances, minor children, and beneficiary choices.

What is the difference between a will and a trust, and which one goes through probate?

A will gives instructions that take effect at death, while a trust holds and manages property under the trust terms. A will is generally presented through probate; assets properly held in a trust generally pass under the trust administration instead, although other assets may still require probate.

Is a will alone enough?

A will can be an important part of an estate plan, but it may not address incapacity, health care decisions, beneficiary designations, or how every asset will be handled. Whether additional documents are appropriate depends on your family, property, and wishes.

What is probate, and why do people try to avoid it?

Probate is the court-supervised process for handling certain assets and obligations after someone dies. People may seek to limit it because it can add administration, court involvement, public filings, and costs such as court filings, notices, professional services, appraisals, accounting, and maintaining property. The time and expense vary with the assets, debts, disputes, tax questions, and court requirements.

How can someone avoid probate, and what are the trade-offs?

Common planning tools include a properly funded revocable living trust, joint ownership with survivorship rights, beneficiary designations on accounts and insurance, and a transfer-on-death deed where that tool is available and appropriate. Each has trade-offs: joint ownership changes present control and can expose an asset to another owner’s problems, beneficiary designations must be kept current, a trust must be funded and administered, and a transfer-on-death deed depends on current law and careful drafting. Some assets may still need probate.

Start with a conversation

Bring the question. We will start there.

A clear first step can make the rest of the process easier to understand.

Schedule a consultation