Disclaimer: This article is not legal advice. It is for informational purposes only.
Understanding the Legal Basis for Removal of a Personal Representative
Under Rhode Island law, the probate court may remove a personal representative for fraud, gross misconduct, willful neglect, failure to account, or breach of fiduciary duty. See R.I. Gen. Laws § 33-15-1.
Step-by-Step Petition Process
- Confirm Standing: Any interested person—including heirs, beneficiaries, or creditors—has standing under R.I. Gen. Laws § 33-1-1.
- Draft the Petition: File a written petition in the probate court where the estate is pending. The petition must:
- Identify the estate and current personal representative.
- State specific grounds for removal (e.g., misappropriation of assets).
- Attach supporting evidence, such as bank statements or inventories.
- Serve Notice: Serve all interested parties following the requirements in R.I. Gen. Laws § 33-15-7. Include the hearing date, time, and location.
- Prepare for the Hearing: Gather evidence. Witness testimony, transaction records, and expert reports strengthen your case.
- Attend the Hearing: Present evidence to the probate judge. The court applies a clear and convincing standard. If the court finds cause, it may remove the representative and appoint a successor under R.I. Gen. Laws § 33-15-12.
- Follow the Court’s Order: Transfer records and assets to the newly appointed representative. Notify financial institutions of the change.
- Consider Appeal: A removed representative may appeal within 30 days under Rhode Island civil procedure rules.
Evidence and Documentation Tips
Strong evidence is crucial. Examples include inconsistent account balances, unfiled inventories, or misallocated distributions. Keep organized records for all estate transactions.
Helpful Hints
- Consult an attorney experienced in probate litigation early in the process.
- Maintain detailed logs of all communications with the personal representative.
- Check the personal representative’s bond to see if it covers potential losses.
- Use certified mail for serving notices to ensure proof of delivery.
- Request formal accountings if you suspect mismanagement before filing.