Rhode Island Sample Letter for Complaint to Probate Will and Appoint Co-Executrixes and Issuance of Letters Testamentary

State:
Multi-State
Control #:
US-0707LTR
Format:
Word; 
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Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

Dear [Recipient's Name], I am writing to bring a formal complaint to the attention of the probate court regarding the probate of the will in question. I am seeking to appoint co-executrixes and request the issuance of letters testamentary for [deceased person's name]. As per the applicable laws of Rhode Island, the probate process is overseen by the probate court in the county where the deceased person resided at the time of their passing. I strongly believe that the will of [deceased person's name] has not been properly handled, and I have grounds to contest the current executor's appointment and request the appointment of co-executrixes. The will in question, dated [date], designates [current executor's name] as the sole executor. However, I believe that his/her actions during the probate process contradict and violate the intentions and wishes of the deceased as stated in the will. Hence, I am requesting the court's intervention to protect the interests of the estate and all beneficiaries. Key issues that I would like to address include: 1. Breach of fiduciary duty: I believe that the current executor has breached their fiduciary duty by failing to fulfill their responsibilities, mismanaging estate assets, or engaging in financial misconduct. 2. Conflict of interest: I have reason to suspect that the current executor may not act impartially and could have personal interests that are in conflict with the proper administration of the estate. 3. Failure to provide proper accounting: I contend that the current executor has failed to provide a clear and accurate accounting of the assets, debts, and expenses related to the estate. 4. Testator's intentions not being respected: I firmly believe that the current executor has not acted in accordance with the testator's intentions as specified in the will, leading to potential harm to the interests of the beneficiaries. In light of the aforementioned issues, I request the court to consider appointing co-executrixes to oversee the administration of the estate. This would ensure a fair and unbiased distribution of the assets, as well as a diligent collection and preservation of all estate assets. Furthermore, I kindly request the court to issue letters testamentary to the appointed co-executrixes, granting them the authority to act on behalf of the estate. With the issuance of these letters, they will have the legal power to handle all matters related to the estate, including inventorying assets, collecting debts, paying off liabilities, filing tax returns, and distributing the remaining assets to the beneficiaries. I believe that by addressing these concerns and taking appropriate action, the probate court can rectify the current mismanagement and protect the interests of all parties involved. Thank you for your attention to this matter. I look forward to a fair resolution. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Your Phone Number] [Your Email Address]

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FAQ

The length of time an executor has to settle an estate in Rhode Island can vary significantly, usually ranging from several months to over a year, depending on factors such as the size and complexity of the estate, the clarity of the will, and whether or not the probate process is contested.

If you are in possession of a will of a deceased person, you must either file it with the appropriate court or deliver it to the person named in the will as executor, as under Rhode Island law the will is to be filed within 30 days after death.

A Rhode Island small estate affidavit is a form that can be used to speed the distribution of assets in certain estates. Any estate that is valued at less than $15,000 is considered a small estate. This helps avoid the long and costly process of traditional probate.

Letters of Testamentary, also called Letters of Administration or Letters of Representation, is a document issued by the probate court. The document grants the authority to an estate administrator, executor or personal representative to manage the deceased taxpayer's affairs and estate.

If a person dies with less than $15,000 of personal property, probate may be shortened under the "small estate" provision. The executor of the estate will have to file the necessary forms with the probate court, but the waiting time for the closure of these estates is typically much shorter and far less costly.

A Letter of Appointment of Executor helps prove you have been put in charge of someone's estate after they have passed away. As Executor, you've been given the duty to manage the estate and carry out the directions of the will; however, a court may require official documentation.

Probate Fees Probate of Will Advertisements (Hearing & Qualification) Total$34 $60 $94Setting Off/Allowing Real Estate In-Fee to Surviving Spouse AdvertisementNo Fee $30Copies of Probate Documents (per page)$1.50Certification (plus copy cost)$3Exemplified Copy of File Contents (plus certification and copy costs)$1028 more rows

Close the Estate (9 to 24 months): Probate concludes once all creditors are paid, taxes filed, and assets distributed or sold. Once the Executor has successfully completed their duties, a Probate Court judge will issue the Final Order for Discharge of Personal Representative, officially closing the Estate.

More info

Please note that there are several forms that are not available online. If you need any of these forms, contact the appropriate Probate Court. [You will need ... This form is a sample letter in Word format covering the subject matter of the title of the form. Letter Will Testamentary Related forms.(date the Will and/or Codicil was signed) may be admitted to Probate as the last will and testament of the deceased and that: letters testamentary OR. Use US Legal Forms to obtain a printable Sample Letter for Complaint to Probate Will and Appoint Executrix and Issuance of Letters Testamentary. No other will or codicil of the decedent is on file in this Surrogate's Court, and upon information and belief, after a diligent search and inquiry, ... R.I. Gen. Laws § 33-8-1. § 33-8-1. Grant of letters to executor named in will. Upon the probate of a will the probate court shall issue letters testamentary ... PROBATE COURTS. 219. Sec. 58. When a will shall have been duly proved and allow-. 55JtJ5f2J5|J ed, the probate court shall issue letters testamentary thereon. by JF Kuether · 1994 · Cited by 5 — a will that named the attorney as co-executor and one of four residuary beneficiaries. The attorney had represented the elderly client for three years ... § 33-24-1. Voluntary informal administration of small estates. (a) If a resident of Rhode Island dies leaving an estate consisting entirely of personal property ... Nov 12, 1985 — Attached to this memorandum is a staff draft of a tentative recommendation relating to opening administration of a decedent's estate.

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Rhode Island Sample Letter for Complaint to Probate Will and Appoint Co-Executrixes and Issuance of Letters Testamentary