Disclaimer: This article provides general information under Rhode Island law and does not constitute legal advice.
Detailed Answer
Under Rhode Island law, a personal representative (also called an executor or administrator) may receive a commission for administering an estate. R.I. Gen. Laws §33-23-7 authorizes the probate court to set statutory maximum rates based on the value of estate assets and sale proceeds. The commission typically covers:
- The gross value of personal property in the estate
- The gross proceeds from the sale of real property
To claim a commission, the personal representative must file a petition with the probate court. The petition should include an inventory of assets and details of any sales. Beneficiaries and creditors may review and object within the court’s deadline. The judge then approves, reduces, or denies the commission.
For complex or extraordinary services—such as litigation, tax filings, or property partition—a personal representative can request additional fees. The court may grant these under its general fee-setting authority (R.I. Gen. Laws §33-23-8).
Helpful Hints
- Confirm your appointment by reviewing the will or letters of administration.
- Check statutory rates in R.I. Gen. Laws §33-23-7.
- Maintain detailed records of assets, sales, and expenses.
- File your petition for commission early to avoid delays.
- Provide proper notice to beneficiaries and creditors as required by the court.
- Prepare a written justification for any additional fee requests.
- Consider consulting a probate attorney for guidance on court procedures.