Disclaimer: This article is not legal advice. It explains Rhode Island probate procedures in general. Consult a qualified attorney for advice tailored to your situation.
Detailed Answer
Under Rhode Island law, a personal representative (also called an executor or administrator) must file an accounting of estate administration and make it available to interested parties. Key statutes include:
- R.I. Gen. Laws § 33-23-13: Requires the personal representative to file an inventory of estate assets with the probate court.
- R.I. Gen. Laws § 33-23-20: Requires the personal representative to file a formal accounting of receipts, disbursements, and distributions.
When the personal representative files the accounting with the probate court, they must also serve a copy on all interested parties. “Interested parties” generally include beneficiaries named in the will and certain heirs at law if there is no will. If you qualify as an interested party, you have the statutory right to receive the accounting.
Example: Jane Doe, a beneficiary under her father’s will, has not received a copy of the estate accounting six months after her father’s death. Under § 33-23-20, Jane can request the court clerk to serve her with a copy of the filed accounting. If the personal representative still fails to provide it, Jane may file a petition with the probate court asking for an order compelling delivery of the accounting and assessing sanctions if warranted.
If you never received notice of the initial filing, you can ask the court to reopen notice deadlines. The court has authority to require the personal representative to serve notices and documents properly or face potential removal or surcharge for breach of fiduciary duty.
Helpful Hints
- Review your letters testamentary or letters of administration to confirm you’re an interested party.
- Contact the probate court clerk’s office to request a docket sheet or filed documents list.
- Send a written request to the personal representative asking for the accounting with a return receipt.
- If you hit a dead end, file a formal petition in probate court under R.I. Gen. Laws § 33-23-20 for an order compelling production.
- Keep copies of all correspondence and proof of service on the personal representative.
- Be aware of Rhode Island’s one-year accounting deadline from appointment date unless the court grants an extension.