Executor Duties in Rhode Island

Main duties and deadlines for a Rhode Island executor or administrator: qualify and give bond (a nonresident must appoint a Rhode Island agent to accept legal papers); the probate clerk publishes notice of the qualification telling creditors to file claims; within a reasonable time after qualification, notify known or reasonably ascertainable creditors (a statutory notice form may be mailed); within 90 days after appointment (or longer if the court allows), return to the probate court a sworn inventory, with date-of-death appraised values, of the decedent's personal property and other assets other than real estate; creditors must present claims within six months from the first publication; pay debts in the order set by law; and on completion of administration file an account with the probate court (a sole beneficiary, or an executor holding releases from every beneficiary, may instead file an affidavit of completed administration).

Rhode Island probate is handled by the probate court of each city or town. On probate of a will, the court issues letters testamentary to the named executor if he or she is legally competent and gives the bond required by law. Without a will, administration is granted to the surviving spouse or one or more next of kin (or jointly) if suitable and competent; if they do not apply within 30 days after death, or are unsuitable or renounce, the court may appoint any suitable person on petition. Petitions must be in writing and signed, with notice given as required. Executors give bond (a will can waive sureties but not the bond itself). Rhode Island DMV accepts the probate court's original Notice of Appointment as proof of the executor's or administrator's authority.

Claims must be filed with the probate court (with a copy to the executor or administrator) within six months from the first publication of notice, or they are barred. A creditor who missed the deadline through accident, mistake, excusable neglect or lack of adequate notice may ask the court for leave to file late, but only before the estate is distributed.