What you need to know about accountings and notice in Rhode Island probate
An executor or administrator must prepare a final accounting that shows all estate receipts, expenses, distributions, and the proposed final distribution. Interested persons generally have a right to receive notice and to review or object to that accounting before the probate court approves it. If you never received notice, you can often challenge the final accounting — but you need to act promptly and follow Rhode Island probate procedures.
Detailed answer — steps to challenge a final accounting when you received no notice
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Confirm the probate case status and get the court file.
Start at the local Rhode Island probate court where your parent’s estate was opened. Ask the clerk for the docket, the filed final accounting, any affidavits or certificates of mailing, and the court’s order approving the accounting (if one exists). Many probate clerks will provide copies for a small fee or let you review the file in person. The Rhode Island Probate Court website explains court locations and procedures: https://www.courts.ri.gov/Courts/Probate/Pages/default.aspx.
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Confirm whether you are an “interested person.”
An interested person commonly includes heirs, beneficiaries named in a will, creditors, or anyone who has a property right that may be affected by estate administration. If you qualify, you ordinarily have standing to object. If you are unsure, ask the probate clerk or consult an attorney experienced in Rhode Island probate.
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Check the record for proof of notice.
Probate filings often include an affidavit of mailing or certificate showing who was given notice and when. If no such proof exists or it shows you were not notified, you have a stronger basis to ask the court to undo or reconsider the approval of the accounting.
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File a timely objection or a motion to set aside/reopen the accounting.
Rhode Island probate procedure gives interested persons the right to object to or take exceptions to accountings. If the court already approved the accounting without notice to you, you can typically ask the court to set aside the approval because you were not given required notice and therefore were denied a meaningful opportunity to be heard. Filing options include:
- Filing formal exceptions or objections to the accounting (if the court has not finally closed the estate).
- Filing a motion to vacate or set aside the decree or order approving the accounting on grounds of lack of notice and deprivation of due process.
- Filing a petition to reopen the estate to permit review of the accounting and, if necessary, supplementation or surcharge against the fiduciary.
Talk to the probate clerk about the correct pleading name and local form requirements. The probate court can provide procedural guidance, but not legal advice.
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Explain what you want the court to do (remedies).
Common remedies include reopening the accounting, ordering the fiduciary to file a corrected accounting, permitting discovery (documents and sworn testimony), ordering a surcharge (financial liability) for mismanagement, or even removing the fiduciary if misconduct or serious mismanagement appears. The court may also order mediation or an evidentiary hearing.
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Gather supporting evidence.
Collect documents that show you were not given notice (no mail, no emails, affidavits from you and others confirming lack of notice), and any records showing detriment caused by not receiving notice (missed distributions, inability to review transactions, etc.). Provide these to the court along with your objection or motion.
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Watch timing and statutes of limitation — act quickly.
Probate actions have time limits to object to accountings or to bring certain claims. While courts will often relieve a party who never received notice, you should act without undue delay. Contact the probate clerk immediately to learn local deadlines and then move quickly to preserve your rights.
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Consider alternative dispute resolution and settlement.
If relationships allow, propose mediation or an agreed accounting review. Courts may encourage settlement and mediation, which can be faster and less costly than a contested hearing.
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Hire a Rhode Island probate attorney if the matter is contested or complex.
An attorney can draft proper pleadings, gather evidence, represent you at hearings, and evaluate claims for surcharge or removal. If you cannot afford counsel, ask the probate court about low-cost legal resources or legal aid organizations in Rhode Island.
Key Rhode Island authorities and where to look
Rhode Island’s laws governing wills, probate, and administration of estates are contained in Title 33 of the Rhode Island General Laws. You can review the statutory provisions here: https://webserver.rilin.state.ri.us/Statutes/TITLE33/INDEX.HTM.
For local filing procedures, forms, and contact information for the probate courts in Rhode Island, visit the Rhode Island Judiciary’s probate page: https://www.courts.ri.gov/Courts/Probate/Pages/default.aspx.
Helpful hints
- Check the probate docket first — confirm whether an order approving the accounting was entered and whether an affidavit of notice is on file.
- Keep a written timeline of when you learned of the accounting and the final order. Note who told you and how.
- Request a certified copy of the order approving the accounting if one exists. You will need it to file objections or a motion to reopen.
- File paperwork at the probate court promptly — many courts require in-person filing or specific local forms.
- Be precise in pleadings: state that you are an interested person, that you did not receive required notice, and what relief you request (reopen, new accounting, hearing, discovery).
- Preserve communications and mailings (emails, certified mail receipts) that show you were not contacted.
- Consider mediation before pursuing costly litigation — many estates resolve disputes with negotiation.
- If you cannot afford an attorney, look for Rhode Island legal aid or pro bono probate programs; the probate clerk can often point you to local resources.
Final points
If you never received notice of a final accounting or the court’s approval, you usually have a right to ask the probate court to reopen the matter and to review the accounting. The success of such a challenge depends on the facts (who qualifies as an interested person), the probate record, whether the fiduciary complied with notice rules, and how promptly you act after learning about the accounting.
Disclaimer: This article explains general Rhode Island probate principles and common steps people take when they were not given notice of a final accounting. It is educational only and does not constitute legal advice. For advice about your specific situation, consult a licensed Rhode Island attorney.