Detailed answer — How the process works in Rhode Island

This answer explains the common legal steps and practical evidence you will need to ask a Rhode Island probate court to reconsider letters of administration and to remove a current administrator so that you, as the sole heir, can be appointed. This is general information only and not legal advice.

1. Understand what letters of administration are and who may be appointed

Letters of administration are a court-issued document that authorize someone (an administrator or personal representative) to manage a deceased person’s estate when there is no valid will. Rhode Island probate courts follow statutory rules about who is qualified and who has priority to serve. If you are the sole heir under Rhode Island intestacy rules, the court will generally consider that fact when deciding who should be appointed, but appointment is not automatic if there are problems with your petition or if another person already has lawful authority.

2. Typical reasons a court will reconsider or revoke letters

A probate court can revoke letters of administration for cause. Common grounds include:

• Misconduct by the administrator (misappropriation, waste, fraud).
• Failure to perform duties (not inventorying or accounting for estate assets).
• Incompetence, incapacity, or conflict of interest that prevents proper administration.
• Improper issuance (for example, the administrator obtained letters by fraud or because someone with priority was not given a chance).
• A change in facts (e.g., discovery that you are the sole heir and were not considered).

3. Evidence you will need

Prepare documents that show both your legal right to appointment and the administrator’s failings. Helpful items include:

• Death certificate and proof of your relationship (birth certificates, family records) showing you are the sole heir.
• Copy of the letters of administration currently on file and the original probate case number.
• Any communications, bank statements, receipts, or records showing misuse, failure to account, or improper transfers of estate property.
• Affidavits from witnesses (creditors, family members) describing problems or misconduct.

4. How to start — file the right petition in probate court

You must file a petition (sometimes called a petition to revoke or to remove an administrator and for appointment of a successor) with the probate court that issued the letters. The petition should:

1. Identify the estate and case number.
2. State that you are the sole heir (attach proof).
3. Explain the legal and factual grounds for revocation or removal (misconduct, failure to account, etc.).
4. Ask the court to revoke the current letters and to appoint you as administrator (or set a contested hearing to decide appointment).
5. Request any immediate interim relief needed (temporary freeze on accounts, accounting, turnover of assets) if the estate is at risk.

Rhode Island probate courts have local filing requirements and forms. You can start by reviewing Rhode Island’s probate statutes and contacting the probate court clerk in the county where the decedent lived.

5. Notice and service

When you file, you must give notice to the current administrator and to interested parties (other heirs, creditors, and anyone else the court requires). The court will set a hearing after proper notice. If you believe the estate is being looted or at immediate risk, you can ask the court for emergency or ex parte relief, but you must show urgency and a likelihood of harm.

6. What happens at the hearing

At the hearing you will present your evidence and the administrator will have a chance to respond. The court will evaluate whether the current administrator should be removed for cause and whether you are qualified and suitable to serve. The probate judge may:

• Dismiss your petition if it lacks merit.
• Require the administrator to file a full accounting and continue as administrator if the problem is curable.
• Suspend or revoke the administrator’s letters and appoint a successor (you, another heir, or a neutral professional) if removal is warranted.

7. Bond, supervision, and accounting

If appointed, the court may require you to post a bond, file inventories, and provide regular accountings. Rhode Island courts require administrators to follow statutory duties and timelines. If you seek removal of an administrator based on mismanagement, ask the court to require a forensic accounting and turnover of assets.

8. Timeline and costs

Timing varies. A straightforward uncontested petition might be resolved in weeks; contested matters can take months. Expect filing fees, possible attorney fees, and costs for forensic accounting or expert witnesses if the case is complex.

9. Practical tips if you are the sole heir

• Act quickly to preserve estate assets and records.
• Gather documentary proof of heirship before filing.
• If possible, attempt an initial informal resolution with the administrator (request an inventory and account) — courts like to see parties try to resolve disputes without litigation.
• If the administrator resists, file a formal petition and ask for interim relief (accounting, asset freeze) to prevent further loss.

10. Where to find relevant Rhode Island law and court resources

Rhode Island’s probate statutes and court procedures are in the Rhode Island General Laws, Title 33 (probate-related provisions). For statutory text and to find the exact sections that govern appointment, removal, and duties of administrators, see the Rhode Island General Assembly statutes index for Title 33: https://webserver.rilin.state.ri.us/Statutes/Title33/Title33.htm.

For local probate court forms, filing procedures, and contact information, consult the Rhode Island Judiciary website and the probate court clerk in the county where the decedent resided: https://www.courts.ri.gov/.

Helpful Hints

• Document everything: emails, texts, bank records, and witness statements help prove misconduct or neglect.
• Bring certified copies of the death certificate and any documents showing family relationships to the probate clerk when you file your petition.
• Ask the clerk which local form to use for petitions to remove an administrator — some counties provide a template petition and instructions.
• If the estate contains bank accounts or real estate, ask for an immediate accounting and, if necessary, a temporary order preventing the administrator from transferring assets while the court considers your petition.
• Be prepared to post bond if you ask to be appointed. The amount depends on the size of the estate and the court’s discretion.
• If the other side alleges you are unsuitable or there are competing claims, expect the court to require clear proof of heirship and fitness to serve.
• Consider consulting an attorney experienced in Rhode Island probate—contested removals can be legally and factually complex. If cost is an issue, ask the court about limited-scope (unbundled) representation or legal aid resources.