How to Remove an Executor in Rhode Island — Grounds, Steps, and Deadlines (2026)

✓ Verified September 2026

To remove an executor in Rhode Island, you ask the court that appointed the Rhode Island uses “executor” for a person named in a will, “administrator” for an intestate estate (and “administrator de bonis non” for a successor under R.I. Gen.

Laws 33-8-10); Title 33 chapter 33-18 refers to all of them collectively as the “fiduciary.” Rhode Island has NOT adopted the Uniform Probate Code, so “personal representative” is not the statutory term. to take the job away, and the court will do it only on a ground the statute recognizes.

This guide gives the Rhode Island answer in plain English: the grounds, who has standing, what the filing is called, what the court can do the same day to protect the estate, and what happens after. All facts are from Rhode Island law, verified as of September 2026.

Remove an Executor in Rhode Island: At a Glance

Here are the Rhode Island facts that decide most requests to remove an executor in Rhode Island:

When a Court Will Let You Remove an Executor in Rhode Island

An executor who is slow, unfriendly, or making decisions you disagree with is not, by itself, removable. Courts appoint a Rhode Island uses “executor” for a person named in a will, “administrator” for an intestate estate (and “administrator de bonis non” for a successor under R.I. Gen.

Laws 33-8-10); Title 33 chapter 33-18 refers to all of them collectively as the “fiduciary.” Rhode Island has NOT adopted the Uniform Probate Code, so “personal representative” is not the statutory term. to carry out the will, and they protect that appointment.

What changes the picture is a breach of duty: money missing or mixed with the executor’s own, an inventory or accounting that was never filed, a sale to a relative below value, a refusal to communicate with beneficiaries for months, a conflict of interest, or a conviction or incapacity that makes the job impossible.

Every state’s statute lists the grounds, and the request to remove an executor in Rhode Island succeeds when the facts fit one of them.

Grounds to Remove an Executor in Rhode Island

Under R.I. Gen. Laws 33-18-2 the probate court, upon petition and after hearing, may remove an executor or administrator who (1) has become incapable of executing the trust, (2) neglects or refuses to perform the duties of the trust, or (3) wastes the estate being administered.

Rhode Island case law adds that mere conflict or ill feeling between beneficiaries and the fiduciary is not enough — there must be evidence of misconduct or mismanagement. Related conduct that commonly supports these statutory grounds: failure to return the inventory within the 90 days required by 33-18 (R.I. Gen. Laws 33-9-1), failure to file required accounts, self-dealing or conflict of interest, and refusal to turn over estate property.

Rhode Island also allows voluntary exit by resignation under 33-18-4, but no resignation is accepted until the resigning fiduciary settles the accounts with the court.

The Steps to Remove an Executor in Rhode Island

Step one is to confirm you have standing — Under R.I. Gen. Laws 33-18-3, a complaint for removal may be made by (1) any person interested in the estate (heirs, devisees, legatees, beneficiaries), (2) any creditor of the estate, or (3) the surety on the fiduciary’s bond. A co-fiduciary who is an interested person may also complain.

When such a complaint is filed, a citation must issue to the fiduciary embodying the substance of the complaint or attaching a copy of it. Rhode Island probate courts also have equity powers under R.I. Gen. Laws 8-9-9 to act on matters within Title 33..

Step two is the paper trail: write to the Rhode Island uses “executor” for a person named in a will, “administrator” for an intestate estate (and “administrator de bonis non” for a successor under R.I. Gen.

Laws 33-8-10); Title 33 chapter 33-18 refers to all of them collectively as the “fiduciary.” Rhode Island has NOT adopted the Uniform Probate Code, so “personal representative” is not the statutory term. asking for the inventory, the accounting, and an explanation, and keep the letter. Step three is the filing — A written, signed “petition for removal of fiduciary” (commonly captioned Petition to Remove Executor/Administrator), filed under R.I. Gen.

Laws 33-22-1 in the probate court of the Rhode Island city or town where the estate is being administered — the same court that granted the letters. A citation then issues to the fiduciary under 33-18-3. — with the ground stated and the documents attached.

Step four is the hearing, where the Rhode Island uses “executor” for a person named in a will, “administrator” for an intestate estate (and “administrator de bonis non” for a successor under R.I. Gen.

Laws 33-8-10); Title 33 chapter 33-18 refers to all of them collectively as the “fiduciary.” Rhode Island has NOT adopted the Uniform Probate Code, so “personal representative” is not the statutory term. answers and the court decides. Many courts let you ask for interim protection in the same filing, which is the part families miss.

Protecting the Estate While the Court Decides

While a removal request is pending, a Rhode Island probate court may: (1) appoint and supervise a temporary custodian of the decedent’s estate under R.I. Gen. Laws 8-9-10; (2) appoint a temporary administrator pendente lite (administrator ad colligendum) to protect the estate, including where an appeal has been claimed from a decree granting letters, under R.I. Gen.

Laws 33-23-3; (3) require a new or additional bond from the fiduciary under R.I. Gen. Laws 33-18-5 and the bond provisions of Title 33; and (4) order delivery of estate books, securities, documents and property and enforce that order by summary process for contempt under R.I. Gen. Laws 33-18-6. The court exercises these powers by following the course of equity as authorized by R.I. Gen. Laws 8-9-9.

What Happens After Removal

On removal the court appoints a new fiduciary under R.I. Gen. Laws 33-18-5 (appointment of new fiduciary; powers of survivors; new bond) — where there is a surviving co-fiduciary, that co-fiduciary may continue with full powers. Where the estate is only partly administered, the court grants administration de bonis non under R.I. Gen.

Laws 33-8-10 (which applies when a sole or surviving executor or administrator dies, resigns, or is removed before fully administering the estate). If the will names an alternate or successor executor, that person is looked to first, provided they are suitable and qualify. Otherwise the court follows the intestate priority scheme — surviving spouse and next of kin have preference (R.I. Gen.

Laws 33-8-3), and if they neglect to apply within 30 days after the death, are unsuitable for the discharge of the trust, or renounce, the court may grant administration to any suitable person on petition of a party in interest (R.I. Gen. Laws 33-8-8). The new fiduciary must give bond.

Repaying losses: Yes — a removed Rhode Island fiduciary can be held financially responsible. Under R.I. Gen.

Laws 33-18-6, the successor administrator must demand and receive all estate goods, effects, books of account, securities, documents and papers from the removed fiduciary; if the removed fiduciary neglects or refuses to deliver them, the probate court may order delivery and enforce that order by summary process for contempt, the successor may bring an action to recover the property,

and the successor “shall also bring an action on the bond” of the preceding executor or administrator against all parties liable on the bond.

A removed fiduciary must also settle accounts with the court (see R.I. Gen. Laws 33-18-4 for the parallel rule on resignation), and objections to an account are where a loss is proved up. Recovery is not automatic — many estates can recover wasted assets this way, but you may need to prove the loss, and outcomes are never guaranteed.

Other Rhode Island rules: Rhode Island is unusual in several ways. (1) There is no county or state-level probate court — probate is handled by 39 separate city and town probate courts, each with its own judge, sitting calendar, local administrative rules, and clerk (Providence, Westerly, Narragansett and others publish their own rules of practice); the relevant court is the one for the municipality of the decedent’s domicile.

(2) Rhode Island has not adopted the Uniform Probate Code; Title 33 governs. (3) Inventory is due within 90 days after appointment, under oath, covering all personal property, claims, rights, causes of action and other non-real-estate assets appraised as of the date of death, unless the probate court allows a longer period (R.I. Gen.

Laws 33-9-1) — missing it feeds directly into the “neglects or refuses to perform” ground in 33-18-2. (4) Creditors have 6 months from first publication of notice to present claims (R.I. Gen. Laws 33-12-4). (5) A removal complaint triggers a mandatory citation to the fiduciary reciting the substance of the complaint (33-18-3) — this is not an ordinary motion.

(6) Appeal is de novo to Superior Court but must be claimed within a strictly jurisdictional 20 days (33-23-1). (7) The surety on the fiduciary’s bond has independent standing to seek removal (33-18-3), which is not the case in every state. This is neutral general reference information, not legal advice for your situation — check with your city or town probate court clerk or a licensed Rhode Island attorney.

What It Costs and How Long It Takes

The court filing fee to remove an executor in Rhode Island is small; the real cost is the hearing. If the Rhode Island uses “executor” for a person named in a will, “administrator” for an intestate estate (and “administrator de bonis non” for a successor under R.I. Gen.

Laws 33-8-10); Title 33 chapter 33-18 refers to all of them collectively as the “fiduciary.” Rhode Island has NOT adopted the Uniform Probate Code, so “personal representative” is not the statutory term. contests the motion, both sides usually retain counsel, and a contested removal can run several months and several thousand dollars in fees, which the court may or may not order the estate to pay.

Uncontested removals — a fiduciary who has stopped responding or has moved away — are faster and cheaper, and courts grant them routinely when the missed filings are on the record.

Two facts decide the economics. First, the estate’s size: a removal fight over a small estate can consume what is left, so beneficiaries of small estates often ask the court to compel the accounting and set deadlines instead of removing the fiduciary outright. Second, the evidence: a missing inventory is proved with a docket printout, while suspected self-dealing needs bank records and sometimes an appraisal.

The stronger the paper, the shorter the case. Ask the court clerk what the Rhode Island uses “executor” for a person named in a will, “administrator” for an intestate estate (and “administrator de bonis non” for a successor under R.I. Gen.

Laws 33-8-10); Title 33 chapter 33-18 refers to all of them collectively as the “fiduciary.” Rhode Island has NOT adopted the Uniform Probate Code, so “personal representative” is not the statutory term. has actually filed before deciding which path to take, and get the docket printout in writing — it is the exhibit every remove an executor in Rhode Island motion starts with.

What to Expect When You Remove an Executor in Rhode Island

A request to remove an executor in Rhode Island is a contested proceeding inside the probate case, not a separate lawsuit. The court will want the ground stated plainly, the documents that prove it, and a proposed replacement. Hearings are usually short; the decision turns on whether the executor breached a duty, not on whether the family gets along.

Two things surprise people. The first is that the court can act before the hearing — a bond, a freeze on the estate account, or a special administrator — if the estate is at risk. The second is that the estate keeps running while the motion to remove an executor in Rhode Island is pending: creditor deadlines, tax filings, and property upkeep do not pause.

Ask the court to address both in the same filing.

Official Rhode Island Sources & Resources

• Rhode Island Probate Court: https://www.sos.ri.gov/divisions/business-services/probate-forms
• Rhode Island Removal Statute: https://webserver.rilegislature.gov/Statutes/TITLE33/33-18/33-18-2.htm
• Internal Revenue Service — Estate Tax: irs.gov
• Cornell Legal Information Institute: law.cornell.edu/wex

This Rhode Island guide was last verified against official sources in September 2026. Laws change — verify with your state court or a licensed attorney.

More Rhode Island Estate Guides

• Contest a Will in Rhode Island
• Rhode Island Probate Process
• Dying Without a Will in Rhode Island
• What to Do When an Executor Is Not Doing Their Job
• All State Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.