Detailed answer — how appointment works in Rhode Island

If a decedent’s will names a person as executor (also called a personal representative) and that person refuses or is unable to serve, probate courts appoint another suitable person. Rhode Island’s probate courts follow the priorities and procedures set out in state probate practice. The typical steps and legal concepts you need to know are below.

1. Confirm the decedent’s domicile and where to file

File the will and a petition for appointment in the probate court in the county where the decedent was domiciled at death. The Rhode Island Probate Court website explains local filing procedures: https://www.courts.ri.gov/Courts/ProbateCourt/Pages/default.aspx

2. Check the will for alternate nominees or instructions

Many wills name successor executors. If the will names an alternate, the court normally appoints the alternate if the first-named person properly renounces or cannot serve.

3. Obtain a written renunciation (if possible)

If the sibling explicitly refuses, ask them to sign a written renunciation or affidavit of refusal. A written renunciation makes the probate process simple: the court accepts the renunciation and moves to appoint the next nominated person or another appropriate representative.

4. If there is no successor named, petition the probate court

If the will names only the sibling and they refuse (and no alternate is named), you or another interested person (heir, beneficiary) can petition the probate court to be appointed as administrator with the will annexed (often called an administrator c.t.a. or personal representative). The court will consider who is qualified and whether an interested person objects.

5. Factors the probate court considers

• Whether the named executor has actually renounced, is incapacitated, disqualified, or otherwise unavailable;
• The court’s statutory priority for appointment among heirs and interested persons;
• Whether the proposed appointee is competent and willing to serve;
• Whether a surety bond is required or waived by the will.

6. Bond, letters, and duties

After appointment, the court issues letters testamentary or letters of administration that give authority to act for the estate. Probate courts commonly require a bond unless the will expressly waives bond for the named executor or courts waive bond based on the circumstances. The appointed personal representative must marshal assets, pay debts, file an inventory, and distribute property under the will and Rhode Island law.

7. What to expect if the sibling resists or delays

If the sibling refuses but then obstructs (for example, by withholding the original will or preventing access to accounts), the court can order production of the will and can decide appointment issues despite family conflict. If disputes arise, you may need to ask the court for interim relief or retain counsel to move the matter.

Where to find the rules and statutes

Rhode Island’s statutory provisions governing decedents’ estates are in Title 33 of the Rhode Island General Laws. The Rhode Island Probate Court website provides forms and local instructions for petitions and appointment: https://www.courts.ri.gov/Courts/ProbateCourt/Pages/default.aspx. For statute text, consult Title 33: https://webserver.rilin.state.ri.us/Statutes/TITLE33/

Practical sample checklist to submit a petition

1. Certified or original will (if available).
2. Death certificate.
3. Written renunciation by the named executor (if they will provide one).
4. Petition for appointment (probate court form or draft petition).
5. List of heirs and beneficiaries with contact information.
6. Any affidavit showing you are willing and able to serve.
7. Proposed bond (if required) or proof of a will provision waiving bond.

Filing these items with the probate court starts the formal process. If the named executor refuses but does not file a renunciation, the court will either accept evidence of the refusal or hold a hearing to resolve the issue.

When to get a lawyer

If family members fight, the will’s validity is questioned, assets are concealed, or the legal questions are complex (tax issues, out-of-state property, contested capacity issues), consult a probate attorney. An attorney can prepare the petition, represent you at hearings, and negotiate bond or inventory matters.

Helpful hints

• Ask the named executor politely to sign a short written renunciation. It speeds the process.
• Get multiple certified copies of the death certificate early—many institutions require them.
• Bring the original will to the probate court. If someone hides it, notify the court promptly.
• Check the will for a bond waiver. If the will waives bond for the executor, the court may still require a bond for an appointee unless the waiver applies to successors.
• File in the probate court in the decedent’s domiciliary county. The court clerk can explain local forms and fees: https://www.courts.ri.gov/Courts/ProbateCourt/Pages/default.aspx
• Keep communication civil with family. Courts prefer practical solutions and may be less willing to intervene in rancorous disputes without clear need.
• If the named executor’s refusal is ambiguous, request a formal renunciation or a court hearing to clarify status.
• Document your willingness and ability to serve: prepare a short resume of relevant experience (business handling, tax filing, organization) to present to the court if needed.

Quick links: Rhode Island Probate Court — https://www.courts.ri.gov/Courts/ProbateCourt/Pages/default.aspx; Rhode Island General Laws, Title 33 — https://webserver.rilin.state.ri.us/Statutes/TITLE33/