FAQ: When Can an Executor Be Removed in Rhode Island?

Short answer: In Rhode Island a court can remove an executor (also called a personal representative) when the executor is unable or unfit to perform duties, breaches fiduciary duties, commits misconduct (including criminal acts affecting the estate), fails to account or deliver estate property, has a conflict of interest, or otherwise acts against the estate’s best interests. Removal requires a petition to the probate court by an interested person and a court hearing. This is general information only and not legal advice.

Detailed answer — how removal works under Rhode Island law

Who can ask for removal? Interested persons may petition the probate court for removal. “Interested persons” typically include beneficiaries, heirs, and creditors with a legally recognized interest in the estate.

Grounds for removal. Common legal grounds that can justify removing an executor include:

• Incapacity or illness that prevents performance of duties.
• Neglect or refusal to perform required duties such as collecting assets, paying valid debts, filing tax returns, or distributing assets according to the will or law.
• Breach of fiduciary duty — self-dealing, using estate assets for personal benefit, conflicts of interest, or failing to preserve estate property.
• Failure to give required notices or to keep proper records and accounts.
• Mismanagement or gross incompetence that causes loss or waste to the estate.
• Conviction of a crime that materially affects the ability to serve or creates a trust problem with beneficiaries (e.g., theft, fraud).

Procedure to remove an executor. The general steps are:

1. A petition or motion is filed in the probate court that has jurisdiction over the estate. The petition must state the facts supporting removal and name any replacement or request the court to appoint a successor.
2. The executor is served with notice and given an opportunity to respond. Rhode Island probate courts require notice to interested parties so they can object or support the petition.
3. The court holds a hearing. At that hearing, the petitioner presents evidence (account statements, communications, receipts, witness testimony) showing cause for removal. The executor can present evidence defending performance and conduct.
4. The court decides whether removal is warranted. If removal is ordered, the court may also: (a) appoint a successor personal representative, (b) require restitution or surcharge (financial penalties) against the former executor, (c) require bonding, and/or (d) order an accounting or other relief to protect estate assets.

Standard of proof. The court typically requires proof by a preponderance of the evidence that removal is necessary to protect estate assets or the interests of beneficiaries. The exact standard and procedures are set out in Rhode Island probate practice and relevant statutes and rules.

Alternatives to removal. If removal is not necessary or desirable, beneficiaries may ask the court to:

• Compel the executor to file a formal accounting.
• Require the executor to post additional bond to protect the estate.
• Surcharge (financially charge) the executor for proven losses without fully removing them.
• Obtain interim relief such as an order freezing certain assets pending resolution.

Where the law is found. Rhode Island probate and estate rules and statutes govern removal of fiduciaries. For statutory authority and procedural rules, consult Rhode Island’s statutes on decedents’ estates and probate (Title 33) and local probate court rules. The Rhode Island General Assembly hosts the statutes online (see Title 33: Decedents’ Estates and Trusts) at the Rhode Island statutes website: https://webserver.rilin.state.ri.us/Statutes/TITLE33/ (this site contains the probate-related chapters and sections).

Practical timing and considerations. There is no single deadline after which you cannot move to remove an executor — problems discovered later can still lead to removal if the estate and beneficiaries are at risk. However, acting promptly after discovering concerning conduct is important to limit loss and preserve evidence. Courts balance the costs of litigation, disruption to estate administration, and seriousness of misconduct when deciding whether removal is appropriate.

Helpful Hints — preparing to petition or respond

• Gather documents: will, letters testamentary, bank statements, transaction records, communications with the executor, inventory, and prior accountings.
• Keep a clear timeline of events showing alleged neglect, mismanagement, or misconduct.
• Ask for an interim accounting before filing for removal — sometimes a clear accounting resolves concerns without removal.
• If you suspect criminal activity (theft, fraud), contact law enforcement in addition to filing a probate petition; criminal and civil processes are separate but can overlap.
• Consider less drastic remedies first: compel accounting, petition for bond, or seek surcharge if losses are limited.
• Be prepared to show specific harm or risk to the estate; general complaints about style or personality alone rarely justify removal.
• Work quickly to preserve evidence (copies of records, emails, text messages). The court weighs contemporaneous documentation heavily.
• Probate courts often encourage mediation for disputes among beneficiaries and the executor; this can save time and costs in some cases.

What you can expect at the courthouse

Expect formal pleadings, a required fee to file the petition, a notice period, and a hearing where both sides present evidence. The court may order an accounting or other interim relief before making a final removal decision. If the court removes the executor, it usually names a successor representative and may impose financial remedies.

Next steps

If you are a beneficiary or heir who believes an executor is mismanaging an estate, start by collecting records and consulting the probate court’s forms and local procedures. Because probate litigation can be complex and fact-specific, consider consulting a Rhode Island probate attorney to assess the strength of your case and to prepare pleadings.

Disclaimer: This article explains general Rhode Island probate principles for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a particular situation, contact a licensed attorney in Rhode Island or the local probate court.