How to Request an Extension for Filing a Final Accounting in Probate in Rhode Island

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation.

1. Understanding Rhode Island’s Final Accounting Deadline

Under Rhode Island law, an executor or administrator must submit a final accounting to the probate court within nine months of appointment. See R.I. Gen. Laws § 33-15-9 (link). The court may grant extra time for good cause.

2. Grounds for Seeking an Extension

The court will consider whether you need more time due to factors such as:

• Complex or hard-to-liquidate assets
• Pending litigation or disputes among beneficiaries
• Unforeseen delays in gathering records or valuations
• Incomplete tax filings or audits

3. How to File a Motion to Extend Time

Follow these steps to request more time:

1. Prepare a Written Motion. Title it “Motion for Enlargement of Time to File Final Accounting.” Cite R.I. Gen. Laws § 33-15-9. Explain why you need additional time and specify the extra period you seek.
2. Attach Supporting Documents. Include schedules, appraisal reports, correspondence with creditors or beneficiaries, and any court orders affecting the estate.
3. Serve Interested Parties. Mail or hand-deliver the motion and attachments to all beneficiaries, heirs, and creditors. Include a Certificate of Service showing delivery date.
4. File with the Probate Court. Submit the original motion and three copies to the clerk of the probate court where the estate is pending. Pay any required filing fee.
5. Request a Hearing or Ex Parte Order. Ask the court clerk to schedule a hearing or grant an ex parte extension. If the judge needs more information, be prepared to appear and explain your reasons under oath.
6. Receive the Court’s Order. Once approved, you will receive a signed order extending your deadline. Keep the order with your estate file and note the new due date.

4. After You Receive the Extension

Once the court grants extra time:

• Continue collecting and organizing financial data.
• Monitor any deadlines for notices, tax filings, or creditor claims.
• Keep beneficiaries updated on progress to minimize disputes.
• Prepare your final accounting in line with the new deadline.

Helpful Hints

• Start early: File your motion at least 30 days before the original deadline.
• Be specific: Detail the exact reasons and attach proof of delays.
• Stay organized: Keep a clear timeline of asset administration and communications.
• Communicate: Notify beneficiaries of your extension request to reduce objections.
• Consult an attorney: Even a brief review can ensure you follow proper procedure.