Rhode Island Restrictions on Who Can Serve as Executor

Learn the rules about who can be your executor in Rhode Island.

One of the most important reasons to make a will is to name your executor. After your death, your executor’s primary job is to protect your property until any debts and taxes have been paid, and then transfer what’s left to those who are entitled to it.

Every state has some rules about who may serve as the executor of an estate that goes through probate. Here are the requirements in Rhode Island.

Basic Requirements for Serving as a Rhode Island Executor

Your executor must be:

  • at least 18 years old, and
  • of sound mind -- that is, not judged incapacitated by a court.

(R.I. Gen. Laws § § 33-8-1, 33-8-2.)

Many states prohibit people who have felony convictions from serving as executor. In Rhode Island, however, there is no statute prohibiting you from naming an executor who has been convicted of a felony.

Special Rules for Executors in Rhode Island

In addition to the restrictions above, an executor of the person you name as your executor cannot become your executor. That’s not as complicated as it sounds: Let’s say you appoint your sister as your executor, but she dies while your estate is going through probate. Rhode Island law prevents the person your sister named as her executor from representing your estate. Instead, the job will go to your alternate executor or, if there’s no alternate, to another person appointed by the probate court. (See R.I. Gen. Laws § 33-8-6.)

Rhode Island Restrictions on Out-of-State Executors

For practical reasons, it’s smart to name an executor who lives near you. Your executor may have to handle day-to-day matters for weeks, months, or sometimes longer. If you must appoint an executor who lives far away, you should know the requirements Rhode Island imposes on out-of-state executors.

In Rhode Island, a nonresident executor must appoint someone who lives in the state to act as a resident agent. Your executor’s in-state agent will accept legal papers on behalf of your estate. (R.I. Gen. Laws § 33-18-19.)

Learn More

For more information about choosing your executor and making your will, see the Wills section of Nolo.com.

Talk to a Lawyer

Need a lawyer? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
NEED PROFESSIONAL HELP ?

Talk to an Estate Planning attorney.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you