Rhode Island Executor Duties: What Personal Representatives Must Do

Being named executor (called "personal representative" in Rhode Island) means you are legally responsible for every step of estate administration — from filing the initial petition to distributing assets and closing the case. Rhode Island's 39 municipal probate courts make this more complex than most states, because each town has its own judge, filing deadlines, and fee schedules.

Here is what the role actually involves.

Filing the Probate Petition

You file in the municipal probate court of the city or town where the deceased was domiciled at death. Not where they died, not where they owned property — where they lived.

The required filings depend on the estate's size:

• Full probate (estates with real estate or personal property over $15,000): File Form PC-1.5 (Petition for Probate of Will) or PC-1.1 (Petition for Administration if there is no will), along with the original will, death certificate, and bond form (PC-3.1A or PC-3.1B).
• Small estate (personal property under $15,000, no real estate): File Form PC-1.9 or PC-1.10 for voluntary informal administration.

Filing fees for full probate are 1% of the personal property value, with a minimum of $30 and a maximum of $1,500. Municipal surcharges and newspaper advertising add another $60 to $154 depending on the town.

Notifying Creditors and EOHHS

Within 30 days of your appointment, you must notify all known creditors by mail. The probate clerk also publishes a notice in a local newspaper, starting a six-month window for creditors to file claims.

If the deceased was 55 or older, you must separately notify the Rhode Island Executive Office of Health and Human Services (EOHHS) of the probate filing. Send a copy of the petition and death certificate to the EOHHS Legal Office in Cranston. Failure to do this blocks all estate distributions and makes you personally liable for any Medicaid recovery amounts.

Inventorying Assets

File a Universal Inventory (Form PC-3.3) listing all personal property at fair market value, typically within 90 days of your appointment. This includes bank accounts, investments, vehicles, and personal effects — but not real estate (which is handled separately through deeds).

Managing Estate Taxes

Rhode Island has a state estate tax with a 2026 exemption of $1,838,056. If the gross estate exceeds this threshold, you must file Form RI-706 and pay the tax within nine months of death.

Even if the estate is below the exemption, you still need to file Form RI-706 and Form T-77 if the deceased owned Rhode Island real property — because an automatic statutory lien attaches to all real estate at death and can only be released by the Division of Taxation.

For estates under $1.3 million, the filing is simplified: only pages 1-4 of Form RI-706 (including Part 6 recapitulation) are required, without the supplementary schedules.

Paying Debts in the Right Order

Rhode Island law establishes a strict priority for creditor payments. You cannot pay claims on a first-come, first-served basis. The order is:

1. Funeral and burial expenses
2. Estate administration costs
3. Federal and state taxes
4. Final medical expenses
5. All other creditors

If the estate may be insolvent (debts exceed assets), do not distribute any funds without legal counsel. Paying a lower-priority creditor before a higher-priority one makes you personally liable for the difference.

Executor Compensation

Rhode Island allows executors "just compensation" as approved by the municipal probate judge. There is no fixed statutory percentage. In practice, compensation typically ranges from 2% to 5% of the estate's value, depending on the complexity of the administration.

If you waive compensation — common in family situations — document it explicitly to avoid disputes with other beneficiaries.

Closing the Estate

Two options:

• Closing by waiver: If all beneficiaries sign written waivers, file an Affidavit of Complete Administration (Form PC-7.3) for a streamlined closing.
• Closing by hearing: If any beneficiary objects or refuses to sign, file a First and Final Account (Form PC-7.1) for a formal court hearing.

Both methods require an Affidavit of Notice to Creditors (Form PC-10.14) certifying proper creditor notification.

Choosing an Executor

If you are writing your will and need to name an executor, prioritize someone who is organized, financially literate, and willing to deal with bureaucracy across multiple municipal offices. Rhode Island does not require executors to be state residents, but out-of-state executors face additional bonding requirements.

The Rhode Island Basic Estate Planning Kit includes an executor duties checklist, probate timeline, and forms directory — so the person you choose knows exactly what they are stepping into.

See more Rhode Island guides →