Detailed answer — how the probate process addresses unauthorized charges

1. What counts as an “unauthorized charge”?

An unauthorized charge means any withdrawal, payment, purchase, or transfer of estate money or property without legal authority. Examples include a caregiver using an estate account for personal purchases, a surviving spouse paying personal debts from estate funds after appointment of a personal representative, or an appointed fiduciary paying themselves excessive or improper fees.

2. Who is responsible for estate funds?

The personal representative (sometimes called executor or administrator) controls estate bank accounts and pays valid debts and distributions according to the will and court orders. Rhode Island probate rules require the personal representative to collect assets, preserve them, pay legitimate creditors and taxes, and distribute the remaining property to beneficiaries. The personal representative is a fiduciary and must act in the estate’s and beneficiaries’ best interests. See Rhode Island probate statutes: Title 33 of the Rhode Island General Laws for more on probate practice and duties: https://www.rilegislature.gov/Statutes/TITLE33/.

3. How unauthorized charges are discovered in probate

• Inventory and accounting: The probate court typically requires the personal representative to file an inventory and periodic accountings listing assets, receipts, and disbursements. Those documents can reveal improper withdrawals.
• Creditor and beneficiary review: Creditors and beneficiaries receive notice of administration or of account hearings and can inspect records and object.
• Bank statements and reconciliations: Examining the estate’s bank records often shows unauthorized transfers or checks.

4. Immediate steps if you suspect unauthorized charges

1. Preserve records: Save bank statements, canceled checks, receipts, and any communication about the transactions.
2. Notify the probate court clerk: Tell the court you suspect improper transactions and ask about emergency procedures.
3. Ask the personal representative for an accounting and supporting documents in writing. Rhode Island probate practice gives beneficiaries the right to request information about the estate administration.
4. Consider a petition: File a petition (or ask an attorney to do so) asking the court to compel an accounting, freeze particular assets, or issue a temporary restraining order if funds are disappearing.
5. If theft appears likely, you may contact local law enforcement to report possible criminal conduct. Criminal and probate remedies can proceed in parallel.

5. Court remedies in Rhode Island probate

When the court finds unauthorized charges, it can respond with one or more remedies:

• Surcharge the fiduciary — The court can order the personal representative to reimburse the estate for improper withdrawals, losses, or wasted assets.
• Removal or replacement — The court can remove a fiduciary for breach of duty and appoint a successor administrator or executor.
• Accounting and audit — The court can require a full accounting and supporting documentation and may resolve disputes at a hearing.
• Injunctions or asset freezes — The court can order that certain accounts or assets be frozen while the dispute is resolved to prevent further dissipation.
• Civil recovery — Beneficiaries or the estate can bring civil claims against the person who made the unauthorized charges to recover money and possibly interest or damages.
• Referral for criminal prosecution — If the conduct looks like theft or fraud, the court or interested parties can notify prosecutors for potential criminal charges.

6. Timing and deadlines

Probate and civil deadlines vary. Rhode Island law sets procedures for creditor claims, notices to interested persons, and the timing of account hearings. If you suspect unauthorized charges, act quickly — early action improves chances to preserve evidence and freeze assets. For general guidance on Rhode Island probate practice, see the Rhode Island Probate/Family Court resources: https://www.courts.ri.gov/Courts/ProbateFamilyCourt/Pages/default.aspx.

7. Who can bring actions and where they are filed

Beneficiaries, heirs, creditors, or the state’s attorney general (in some consumer-protection contexts) may bring actions in probate court to recover unauthorized charges. Civil suits can also be filed in Superior Court for breach of fiduciary duty, conversion, or fraud if the wrongful conduct lies outside routine probate remedies.

8. Practical outcome examples (hypothetical)

Example A: A caregiver used an estate checking account for personal purchases. The beneficiary requested an accounting. The court ordered the caregiver to repay the estate, removed them as an informal fiduciary, and ordered interest on the amounts taken.

Example B: A personal representative wrote checks to themselves beyond allowed compensation. After a hearing, the court surcharged the estate and ordered the fiduciary to repay the excess and prohibited further distributions until the estate was made whole.

9. Cost and practicality

Litigation and contested accountings cost time and money. Courts weigh the estate’s size and likelihood of recovery when ordering remedies. If the amount at issue is small, alternatives include settlement negotiations, mediation, or small-claims actions (when appropriate).

10. Where to look in Rhode Island law

Rhode Island’s probate and fiduciary rules appear throughout Title 33 of the Rhode Island General Laws. For the probate court’s procedural rules and forms, use the Rhode Island Judiciary website. Useful starting points:

• Rhode Island General Laws — Title 33 (probate practice and procedure): https://www.rilegislature.gov/Statutes/TITLE33/
• Rhode Island Courts — Probate/Family Court information and forms: https://www.courts.ri.gov/Courts/ProbateFamilyCourt/Pages/default.aspx

Helpful hints — Steps to protect the estate and your interests

• Act fast. The sooner you raise concerns with the probate court, the better the chance to stop further losses.
• Preserve all records. Download and copy bank statements, checks, receipts, emails, and texts related to estate accounts and transactions.
• Request a formal accounting in writing. A written demand creates a record and often prompts action from the fiduciary or court.
• Consider asking the court for a temporary freeze (an injunction) on suspicious accounts while the court reviews the situation.
• Get help from the probate clerk. The clerk can explain filing procedures, required forms, and hearing schedules for accountings or petitions.
• Talk to a lawyer. A lawyer who handles probate and fiduciary disputes can advise how Rhode Island law applies to your facts and can file petitions or civil actions if needed. You can find attorney referral resources through the Rhode Island Bar Association: https://www.ribar.com/.
• If you see signs of theft or fraud, consider notifying law enforcement or the local prosecutor in addition to the probate court.
• Look for alternatives to full litigation — mediation or settlement can preserve estate value and resolve disputes more quickly.