Probate is the legal process by which a deceased person’s assets pass to his or her beneficiaries or heirs-at-law.
Assets pass by the terms of the Last Will and Testament of a deceased person or under the Rhode Island Laws of Descent if the deceased did not have a Will or the Will filed is not admitted to Probate.
Guardianship is a state law legal process in Rhode Island that is used when a person is not competent to make decisions for him or herself in at least one of the following areas:
- Residential Matters
- Financial Matters
- Health Care
A Guardianship is established for an individual only if all other possible lesser alternatives are considered and deemed to be ineffective or unavailable.
Among these alternatives are:
- Durable Power of Attorney for Health Care
- Living Will
- Financial Power of Attorney
- Durable Power of Attorney
- Joint Property Arrangements
- Representative Payee
- Money Management
- Single Court Transactions
- Government Benefits and Social Service Programs
- Housing Options