Probate: Probate is the process of proving a will to be valid and then administering the estate of a dead person according to the terms outlined in the will. The first step is to file the will with the appropriate Rhode Island court, along with a petition to have the court approve the will and appoint the executor, if one is named. In cases where no executor is named, an administrator will be appointed. If the court decides that the will is valid, the court then "admits" the will to probate. Issues generally arise in the probate process when a disgruntled heir seeks a larger share of the decedent's property than what was actually designated in the terms of the will. Those contesting the will often raise arguments such as: the decedent may have been improperly influenced in writing the will, the decedent was not mentally capable at the time the will was drafted, or that the decedent did not follow the necessary legal formalities in drafting his or her will.
In most cases, people may leave their estate to any person they choose, and may make such designations in their will. But, in certain situations, the decedent's wishes may be overridden by the court. This process becomes longer and more time-consuming for sizeable or complex estates. In these cases, it is important to obtain the expert legal counsel of someone familiar with the Rhode Island probate system, like Kerry Rafanelli.
The following is a list of contacts for probate information for each city or town in Rhode Island:
http://www.sec.state.ri.us/library/probateforms/probatecourts
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