Detailed Answer — Your rights and practical steps under Rhode Island law

If a personal representative (executor or administrator) sends you a distribution but does not explain how they calculated your share, you have rights. The personal representative owes duties to the estate and its beneficiaries, including a duty to account for estate assets and distributions. In Rhode Island these duties are governed by the Probate statutes and probate practice. For the general text of Rhode Island probate law see the Rhode Island General Laws, Title 33: https://webserver.rilegislature.gov/Statutes/TITLE33/.

Key points you should understand:

• The personal representative must collect estate assets, pay valid debts and expenses, and then distribute the remaining assets to beneficiaries according to the will or Rhode Island intestacy rules.
• An accounting explains what the estate received, what it paid out (debts, taxes, funeral expenses, attorney fees, administration costs), and how much remains for distribution. Beneficiaries are generally entitled to an accounting so they can verify distributions were proper.
• If the representative sends a partial distribution without explanation, you can (and should) request a written accounting or an explanation of calculations before accepting or cashing the check. Accepting a distribution in many cases will not necessarily waive your right to later challenge an accounting, but you should preserve records and seek clarification promptly.

Practical steps to take now

1. Request a written accounting in writing. Ask the personal representative to provide an itemized accounting showing: assets collected, liabilities and creditor payments, funeral expenses, taxes paid or estimated, administration costs and attorney fees, and the formula used to compute each beneficiary’s share.
2. Ask for supporting documents. Request copies of bank statements, paid bills, receipts, probate filings (inventory, petition for probate, letters testamentary or administration), and any communication showing how the representative reached your payment amount.
3. Preserve the payment and communications. Keep the check, any deposit receipts, and all written or electronic messages. These are important if you later need to petition the probate court.
4. Review the will and probate filings. If there is a will, distributions should follow the will’s terms after proper administration. If there is no will, distributions follow Rhode Island’s intestacy statutes (see Title 33 referenced above).
5. Communicate clearly and promptly. State that you need a formal accounting within a reasonable time (for example, 30 days) and that you are preserving your right to request court review if the accounting is incomplete or appears incorrect.

When to involve the Probate Court

If the personal representative fails to provide a satisfactory accounting or if you suspect improper handling of estate assets, you can ask the probate court to compel an accounting or to remove or surcharge (seek money from) the personal representative for wrongdoing. Typical court options include:

• Filing a petition for an accounting requiring the personal representative to file a formal accounting with the probate court.
• Filing objections to the accounting and requesting a hearing where the representative must justify their actions and distributions.
• Seeking removal of the personal representative or damages (surcharge) if the representative breached fiduciary duties, was negligent, or misused estate property.

The Rhode Island Probate Court handles these matters. You can find general probate court information at the Rhode Island Judiciary: https://www.courts.ri.gov/.

What to expect in court

When you ask the court to compel an accounting, the court will want detailed documentation from the personal representative and may schedule a hearing. If the court finds the representative failed to act properly, it can order remedies including corrected accounting, repayment to the estate, removal of the representative, or payment of beneficiaries’ attorney fees in some cases.

Timing and acting promptly

Act quickly. Probate administration can move fast, debts and taxes can be paid, and distributions can be made that affect what remains in the estate. Promptly requesting documentation and preserving your right to a court accounting protects your ability to challenge errors or misconduct.

When to talk with an attorney

If the representative refuses to provide a reasonable accounting, if the accounting is incomplete or confusing, or if you suspect misappropriation, consult a probate attorney. An attorney can help you prepare a petition, object to an accounting, or take other steps in probate proceedings. An attorney can also advise whether accepting the payment will affect your ability to assert later claims.

Helpful Hints

• Ask in writing. Written requests create a record of what you asked for and when.
• Be specific. Ask for an itemized accounting and supporting documents (bank statements, paid invoices, tax returns, receipts).
• Keep copies. Save all documents, emails, texts, and the payment instrument itself.
• Don’t ignore small sums. Even modest distributions can reflect larger accounting problems.
• Understand common deductions. Estates typically pay funeral costs, validated creditor claims, taxes, and administration expenses before distributions. Ask the representative to identify each deduction and show proof of payment.
• Use probate court resources. Many probate courts have forms and guidance on accountings, petitions, and beneficiary rights — check the Rhode Island Judiciary site: https://www.courts.ri.gov/.
• Consider mediation. If relations between beneficiaries and the representative are strained, a neutral mediator can sometimes resolve disputes faster and cheaper than court.
• Consult quickly. Statutes of limitation and procedural deadlines can affect what remedies are available; a lawyer can explain timing concerns under Rhode Island law.

Resources

• Rhode Island General Laws, Title 33 (Probate): https://webserver.rilegislature.gov/Statutes/TITLE33/
• Rhode Island Judiciary (Probate Court information): https://www.courts.ri.gov/

Disclaimer: This article provides general information about Rhode Island probate practice and is not legal advice. It does not create an attorney-client relationship. For advice about your particular situation, consult a licensed Rhode Island attorney.