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The Rhode Island PC-1.2 form is a crucial document used in the probate process when a personal estate remains unadministered after the previous fiduciary has either passed away, resigned, or been removed. This form, previously known as SW-4 and SW-5, serves as a formal request to the probate court for the appointment of a new administrator to manage the estate. It is essential to specify whether the request is for Administration De Bonis Non or Administration De Bonis Non Cum Testamento Annexo, depending on whether a will exists. The petitioner, who must be someone with a legitimate interest in the estate, provides information about the deceased, the former fiduciary, and the personal estate's estimated value. Additionally, the form allows for the nomination of a suitable person to take over the administration duties. Once completed, the form must be signed and notarized, affirming the accuracy of the provided information. A decree is then issued by the court, appointing the new administrator and outlining any necessary bond requirements. Understanding the purpose and requirements of the PC-1.2 form is vital for those navigating the complexities of estate administration in Rhode Island.
Rhode Island Pc 1 2 Example
Date filed: _____________________ |
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Court use only |
STATE OF RHODE ISLAND |
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County of ___________________________________ |
PROBATE COURT OF THE |
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Estate of ____________________________________ |
_________________________________________________ |
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Alias _______________________________________ |
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Alias _______________________________________ |
No. ____________________ |
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[] ADMINISTRATION DE BONIS NON. or
[ ] ADMINISTRATION DE BONIS NON CUM TESTAMENTO ANNEXO
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(check one) |
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Personal estate estimated at: $____________________________ |
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Your petitioner being: |
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Name |
Relationship to the Deceased |
respectfully represents that |
_____________________________________________________________________ |
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Name of Former Fiduciary |
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has: |
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[ ] died |
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] resigned |
[ ] been removed |
(check one) |
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without having: |
[ ] fully administered said estate |
[ ] fully executed the will |
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(check one) |
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Wherefore, I request that: |
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_______________________________________________ |
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Name of Nominee |
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Relationship to Deceased |
Name of |
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Relationship to Deceased |
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Street |
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or any other suitable person be appointed to administer the estate not yet administered.
Attach form
The undersigned petitioner makes affidavit and says that the above facts are true as to the best of his/her knowledge and belief.
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Signature of petitioner |
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Subscribed and sworn to before me as to the truth of all of the above facts by the petitioner.
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Notary public (please print name) |
Notary public signature |
DECREE
Upon hearing, it is hereby ordered and decreed:
_______________________________________________ _______________________________________________
NameName
_______________________________________________ _______________________________________________
No. StreetNo. Street
_______________________________________________ _______________________________________________
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are hereby appointed to administer the estate not already administered:
Bond fixed at: $_____________________________ |
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] With surety |
__________________________ |
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] Without surety |
(if with surety, indicate type) |
[ ] With the will annexed (check if appropriate) |
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Entered as an order and decree of the court on:
_______________________________________________ _______________________________________________
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Probate Judge |
Form Specifications
| Fact Name | Description |
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| Form Purpose | The Rhode Island PC-1.2 form is used to request the appointment of a personal representative for an estate that has not been fully administered. |
| Governing Law | This form is governed by the Rhode Island General Laws, specifically Title 33, which pertains to probate and fiduciaries. |
| Form History | Previously known as SW-4 and SW-5, the PC-1.2 form was updated in November 2002. |
| Administration Types | The form allows for two types of administration: De Bonis Non and De Bonis Non Cum Testamento Annexo, depending on the status of the estate and will. |
| Petitioner Information | The petitioner must provide their name and relationship to the deceased, demonstrating their standing to file the form. |
| Former Fiduciary Status | The form requires the petitioner to indicate whether the former fiduciary has died, resigned, or been removed from their position. |
| Nominee Appointment | The petitioner can nominate a new personal representative, providing their name and relationship to the deceased. |
| Affidavit Requirement | The petitioner must sign an affidavit affirming the truthfulness of the information provided in the form. |
| Notary Public | The form must be notarized, ensuring that the petitioner's signature is verified and legally binding. |
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