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Despite the lack of statutory guidance on executor fees in Rhode Island, the general consensus among legal professionals is that an executor can expect to receive about 2-5% of the estate's value. However, this percentage can vary based on the specifics of the estate and the executor's responsibilities.
A will usually names a personal representative referred to as an executor to manage the estate's assets. If there is no will, then the court will appoint a personal representative called an administrator.
In Rhode Island, the statute of limitations to file a wrongful death claim is three years from the date of the death, so it is important to contact an attorney as soon as possible in order to stay within the time restrictions for filing a claim and to determine if you have a right to file on the deceased's behalf.
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.
Generally, the person who oversees your estate is known as your ?personal representative.? California law also refers to a personal representative as an ?executor? or ?administrator.? All three terms describe the same function, although there is a legal distinction between their method of appointment.
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.
In a probate case, an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as personal representative to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit), all ...
As a beneficiary in Rhode Island, you have several rights. At the most basic level, you are entitled to receive information about the estate and its administration. You also have a right to an accounting of the estate's assets, debts, and distributions.