Recovering a Cash Bequest from a Sibling’s Estate in Rhode Island When the Executor Won’t Cooperate

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

What to do if an executor won’t deliver a cash legacy under Rhode Island law

Short answer

If you are named in a will as the recipient of a cash bequest but the executor (personal representative) refuses or delays payment, start by requesting a written accounting and a copy of the probate file, then ask the probate court to compel the accounting or to enforce the distribution. If necessary, you can petition the court to remove or surcharge the executor for breaches of duty. In Rhode Island these steps proceed through the Probate Division of the Rhode Island Judiciary and under the state’s probate statutes (Title 33, Rhode Island General Laws).

Detailed answer — step‑by‑step under Rhode Island law

This section explains what a beneficiary should do, in practical order, and how the Rhode Island probate system provides remedies. This is education only — not legal advice.

  1. Confirm the will and your bequest.

    Obtain a copy of the decedent’s will and identify the exact language that creates your cash bequest. A clear written bequest (for example, “I give $10,000 to my sibling X”) is stronger than vague language. If you do not already have a copy, the will should be filed with the Probate Division where the decedent lived; the probate file is public and you have a right to inspect it as an interested person.

  2. Check whether the estate is open in probate and who is the executor (personal representative).

    Locate the case in the appropriate Rhode Island Probate Division. The Rhode Island Judiciary website explains Probate Division procedures and local court contacts: Rhode Island Probate Division. The docket will show whether the executor has been issued letters testamentary or letters of administration and what filings (inventories, accountings, petitions) the executor has made.

  3. Send a written demand for payment and for an accounting.

    Write to the executor (or the executor’s attorney, if any). State that you are a beneficiary named in the will, identify the bequest, request payment, and ask for an accounting and a copy of the estate inventory. Keep proof of mailing or delivery. Request a reasonable deadline (for example, 14–30 days) for a response.

  4. Request documents from the Probate Division file.

    If the executor ignores you, go to the probate clerk and ask for copies of the filings (petition for probate, letters, inventories, accountings, notices to creditors). These documents show what assets the estate holds and whether distributions have been approved by the court.

  5. Understand the executor’s duties and potential breaches.

    An executor must collect assets, pay valid debts and taxes, and distribute remaining property to beneficiaries under the will. If the executor refuses to account, withholds property unreasonably, misuses estate funds, or delays distribution without justification, those are grounds to seek court relief. Rhode Island probate and fiduciary duties are governed by Title 33 (Probate) of the Rhode Island General Laws: R.I. Gen. Laws, Title 33.

  6. File a petition in probate to compel an accounting or distribution.

    If informal demands fail, file a formal petition with the probate court asking the judge to compel the executor to provide an accounting, to distribute the bequest, or both. Ask the clerk about the local form or procedure for filing a petition or motion. The probate judge can order the executor to produce records, make distributions, or take other steps to administer the estate lawfully.

  7. Seek removal or surcharge of the executor when warranted.

    If the executor has mismanaged assets, acted in bad faith, or repeatedly neglected duties, you can ask the court to remove the executor and appoint a successor. The court can also surcharge (financially charge) an executor who misapplied estate funds. These are serious remedies — the probate court will require evidence of misconduct or breach of duty.

  8. Use small‑estate procedures if appropriate.

    Rhode Island has simpler procedures for very small estates or for certain kinds of property outside probate. If the estate assets are below the statutory small‑estate threshold or if the bequest is paid from nonprobate assets, consult the probate clerk or an attorney about whether a summary procedure applies.

  9. Consider mediation or settlement.

    Sometimes a negotiated solution is faster and less costly than contested court litigation. The probate court can often refer cases to mediation, or parties can arrange private mediation to resolve disputes about distributions and accounting.

  10. Hire a probate/estate litigation attorney if needed.

    If the executor remains uncooperative, hire counsel experienced in Rhode Island probate and estate litigation. An attorney can prepare pleadings, collect evidence, and represent you at hearings. If cost is a concern, ask about fee structures, contingency arrangements (rare in probate), or limited‑scope representation for specific tasks.

Key resources:

What evidence you should collect now

  • Copy of the will and any codicils.
  • Letters testamentary or letters of administration issued to the executor (available from probate clerk).
  • Any written communications with the executor (letters, emails, texts).
  • Proof of the bequest (language in the will or a codicil).
  • Documentation of the estate’s assets, if available (inventory, bank/financial statements).
  • Receipts or records that show the executor mishandled funds (if applicable).

Helpful Hints

  • Be calm and professional in all written requests. Clear documentation helps court proceedings.
  • Keep copies of everything you send and receive and keep a timeline of events and deadlines.
  • Ask the probate clerk about local filing requirements and forms before filing a petition — clerks can explain court process but cannot give legal advice.
  • Prompt action matters. The longer you wait, the more likely assets are distributed or spent. Statutes of limitation can bar some claims if you delay too long.
  • If the executor provides an accounting and you disagree, you typically must file an objection or petition with the probate court within a specific period after notice — ask the court about deadlines.
  • If the estate owes creditors, the executor may delay distributions until creditor claims and taxes are resolved. The probate docket should show whether claims are pending.
  • Costs of litigation come from the estate in many cases, but the court may also approve paying attorney fees; ask your lawyer about risks and likely costs.

Disclaimer: This article explains general Rhode Island probate procedures for educational purposes only. It does not constitute legal advice, create an attorney‑client relationship, or substitute for advice from a licensed attorney who can assess your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.