Detailed Answer
Under Rhode Island law, an estate administrator (also called a personal representative) must follow the will or intestacy rules, collect estate assets, pay debts and taxes, and distribute property to beneficiaries. If an administrator refuses or neglects these duties, interested parties may petition the Probate Court in the county where the estate is open to remove that administrator.
Rhode Island General Laws § 33-15-8 allows the court to remove an executor or administrator for cause, including misconduct, gross mismanagement, failure to file an accounting, or refusal to act. To start, you or another interested person (usually an heir or creditor) must file a written petition outlining the specific failures or misconduct. You must serve notice of the petition on the administrator and all interested parties.
At the removal hearing, you present evidence such as missed deadlines, lack of accounting, or refusal to communicate. The administrator can explain or defend their conduct. If the court finds cause, it can remove the administrator and appoint a successor—often the next willing heir or an independent administrator. The court may also require the outgoing administrator to post or raise an additional bond to protect estate assets until they are safely transferred.
After removal, the successor personal representative must file a new oath and bond, then resume administration. All transactions previously completed by the removed administrator typically remain valid unless fraud or gross misconduct occurred.
Key Statute: R.I. Gen. Laws § 33-15-8 (Removal of executor or administrator): webserver.rilin.state.ri.us/Statutes/TITLE33/33-15/33-15-8.HTM
This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Document all instances of non-performance: missed filings, ignored correspondence, or unauthorized distributions.
- Review the estate’s probate docket online or at the Probate Court clerk’s office to verify deadlines.
- Speak with other heirs or creditors; you may join together to share costs and evidence.
- Obtain standard Probate Court petition forms and instructions from the clerk’s office.
- Be ready to propose a qualified successor administrator in your petition.
- Consider informal mediation before filing to resolve disputes and save time.
- Keep accurate copies of all court filings and certified mail receipts.
- Consult an attorney if the estate has complex assets or tax issues.