Subpoena Duces Tecum

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Subpoena Duces Tecum is a commonly used form within Rhode Island. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Subpoena Duces Tecum

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Subpoena Duces Tecum:

• This form pertains to the State of Rhode Island

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Rhode Island’s Form PC-5.3 - Subpoena Duces Tecum up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Rhode Island form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Rhode Island probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form PC-5.3, take a break, and then review. Probate and estate settlement processes in RI are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form PC-5.3 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form PC-5.3 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Subpoena Duces Tecum to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Rhode Island.

5 reasons you should submit PC-5.3 as quickly as possible:

1. The sooner you begin, the faster Rhode Island can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Rhode Island. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Rhode Island is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Rhode Island probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Rhode Island probate clerk or court for exact answers regarding Form PC-5.3, and when in doubt— consult a qualified trust & estates lawyer for that area.

Subpoena Duces Tecum is one of the many probate court forms available for download through Atticus.

It may also be available through some Rhode Island probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Rhode Island.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form PC-5.3 - Subpoena Duces Tecum f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Rhode Island probate court office.

Subpoena Duces Tecum is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Rhode Island-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Rhode Island Form PC-5.3 - Subpoena Duces Tecum. You can use this to get an idea of the context of the form and what type of information is needed.

DATE FILED FOR COURT USE ONLY To: Name Street Address City/Town StateZip Code E-mail Phone Number Location of Court: Street Address City/TownStateZip Code Phone Number YOU ARE HEREBY COMMANDED to appear in the Probate Court listed above at the date and time specified below to testify in the above-entitled case and bring with you: DATETIME YOU ARE HEREBY COMMANDED to appear in the Probate Court listed above at the date and time specified below to testify at the taking of the deposition in the above-entitled case. DATETIME YOU ARE HEREBY COMMANDED to appear in the Probate Court listed above to produce and permit inspection and copying of the following documents or objects at the date and time specified below (list documents or objects): DATETIME Hereof fail not, as you will answer your default under the penalties of law. SUBPOENA DUCES TECUM RIGL 8-9-17 PC-5.3 (Rev. 03/21) State of Rhode Island Probate Court Page 1 of 2 STATE OF RHODE ISLAND County of Estate of Alias PROBATE COURT OF THE City or Town of No. Attorney: Name of Attorney Attorney Firm Bar Number Street Address City/TownStateZip Code EmailPhone Number Signature of Attorney Date Pro Se: Pro Se Name Street Address City/TownStateZip Code E-MailPhone Number Signature of Pro Se Date Notary: Name of Notary StateCounty On day of , 20 the petitioner, known to me or proved through satisfactory evidence, signed the document in my presence and swore or affirmed the statement(s) in the documents is/are truthful and accurate. Signature of Notary Public Date Commission ID#Commission Expiration DateNotary Seal Issued by: Probate Judge/ Attorney Date Signature of Probate Judge/ Attorney PC-5.3 (Rev. 03/21)Page 2 of 2