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Charlestown Probate Court, RI Probate Information
Quick facts
| Item | Detail |
|---|---|
| Court | Charlestown Probate Court |
| Where to file | Town clerk of Charlestown, Charlestown Town Hall, 4540 South County Trail, Charlestown, RI 02813. The town clerk is the clerk of the probate court under R.I. Gen. Laws 8-9-6. |
| Mailing | Use the Town Hall address unless the clerk gives you different instructions. |
| Phone | (401) 364-1200. Charlestown directs probate questions to the Town Clerk/Probate Clerk at this number, and the probate clerk serves under R.I. Gen. Laws 8-9-6. |
| Fax | (401) 364-1238. Call before faxing a filing. |
| Clerk's office hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. Call the clerk before making a time-sensitive trip. |
| Court session | The Charlestown Probate Court is in session on the third Monday of each month at 9:30 a.m. at Town Hall. Local administrative rules must publish session dates and deadlines under R.I. Gen. Laws 33-22-29. |
| Fee to open | Set by state statute: one percent of the decedent's personal property, with a minimum of $30 and a maximum of $1,500, payable before the petition is filed and computed from the petitioner's own estimate. These figures are set by R.I. Gen. Laws 33-22-21 and have been unchanged since at least 1996. Charlestown's own additional records and advertising charges under R.I. Gen. Laws 33-22-11 were not confirmed by a current published schedule, so ask the clerk before you file. The one percent is recalculated against the inventory and the difference is billed or refunded under R.I. Gen. Laws 33-22-21 and 33-9-1. |
| Forms | Statewide PC probate forms are free through the Rhode Island Secretary of State under R.I. Gen. Laws 33-22-16. Charlestown links users to the state forms rather than publishing a separate local form. |
| Electronic filing | Charlestown's page describes petitions submitted to the town clerk with required fees. The statutes assume paper filing: petitions are in writing, the original will must reach the court, and the fee is paid before filing with a written receipt under R.I. Gen. Laws 33-22-1, 33-24-2 and 33-22-21. |
| Records lookup | Charlestown's probate page does not link an online estate index. Probate records are kept by the town clerk under R.I. Gen. Laws 8-9-7, and copies are handled through the clerk's office. |
| Appearance planning | Ask the clerk how your hearing will be handled when your petition is scheduled. |
| Website | https://charlestownri.gov |
Before you begin — know the assets and liabilities
Before you file in Charlestown, make a working list of the decedent's accounts, real estate, vehicles, debts, taxes, and likely heirs or beneficiaries. That list affects the route you choose, the statutory fee under R.I. Gen. Laws 33-22-21, the inventory due under R.I. Gen. Laws 33-9-1, and whether the estate settlement can stay simple.
Sunset can help gather that information before you call the clerk. Its asset discovery searches more than 2,300 institutions, which helps families identify accounts and property before completing the Charlestown Probate Court packet.
Which court handles jurisdiction
File where the decedent lived. If the decedent's home was in Charlestown, the Charlestown Probate Court is the court, and no other Rhode Island probate court has jurisdiction over the estate under R.I. Gen. Laws 8-9-9. If the decedent lived in a neighboring city or town, that municipality's own probate court is the one to file in.
Rhode Island has no county probate courts and no county government. The Charlestown Probate Court is the court for the town of Charlestown and for no other municipality under R.I. Gen. Laws 8-9-9. Charlestown is in Washington County, which matters in one respect only: an appeal from a decree of this court goes to the Superior Court for that county under R.I. Gen. Laws 33-23-1, and the Superior Court sits in four divisions statewide, with Providence and Bristol counties served together.
The jurisdiction process
- Start with the asset list. The petition asks for the value of the personal estate, and the opening fee is based on estimates submitted by the petitioner under R.I. Gen. Laws 33-22-21.
- Choose the statewide PC forms. Rhode Island probate forms are prescribed statewide and furnished free through the Secretary of State under R.I. Gen. Laws 33-22-16. Common estate filings include PC-1.1 for administration under R.I. Gen. Laws 33-8-8 and PC-1.5 for probate of a will.
- File with the town clerk of Charlestown at Charlestown Town Hall, 4540 South County Trail, Charlestown, RI 02813. The town clerk is the clerk of the probate court under R.I. Gen. Laws 8-9-6.
- Pay the required fee when you file. For a petition to probate a will or grant administration, Rhode Island charges one percent of the decedent's personal property, with a $30 minimum and a $1,500 maximum, figures set by R.I. Gen. Laws 33-22-21 and unchanged since at least 1996. Charlestown states that required fees must accompany petitions, and you should ask the clerk about current local records and advertising charges under R.I. Gen. Laws 33-22-11 before filing.
- Handle notice or waiver. If notice by newspaper advertisement is required, Rhode Island uses the advertising rule in R.I. Gen. Laws 33-22-11. If all necessary parties sign a waiver, the waiver process under R.I. Gen. Laws 33-22 can remove the publication step and its cost.
- Meet Charlestown's local cutoff when no advertising is needed. Charlestown says petitions that do not require advertising, or petitions on waiver, should be submitted to the town clerk by noon on the Wednesday before the court session. Local administrative rules and filing deadlines are required under R.I. Gen. Laws 33-22-29.
- Attend the Charlestown session. The probate court is in session on the third Monday of each month at 9:30 a.m. at Town Hall, and Rhode Island requires local administrative rules to state when the court is in session under R.I. Gen. Laws 33-22-29.
- After appointment, ask for certificates. When the court appoints you, the clerk issues a certificate of appointment, and R.I. Gen. Laws 33-22-21 sets the charge at $5 for each certificate, a figure in the statute unchanged since at least 1996. Banks, transfer agents, and agencies often ask for separate certificates.
- Administer the estate. File the inventory within 90 days after appointment unless the court allows more time under R.I. Gen. Laws 33-9-1, pay valid creditor claims presented under R.I. Gen. Laws 33-11-5, manage any bond issue under R.I. Gen. Laws chapter 33-17, and keep receipts for the account.
- Resolve tax and close. Before the Charlestown Probate Court will allow a final account, it has to see that the Rhode Island estate tax has been paid, extended, or determined not to apply under R.I. Gen. Laws 44-23-36. In practice, that can mean filing Form RI-706 with the Division of Taxation under R.I. Gen. Laws chapter 44-23 and obtaining the Notice of No Tax Due for probate court purposes.
Forms and documents
Probate forms at the Charlestown Probate Court
Rhode Island probate forms are statewide. A legislative commission prescribes them and the Secretary of State publishes them free to the public, to lawyers, and to probate clerks under R.I. Gen. Laws 33-22-16. They are numbered in the PC series and are downloadable at https://www.sos.ri.gov/divisions/business-services/probate-forms/ under R.I. Gen. Laws 33-22-16.
The Charlestown Probate Court uses the same statewide forms as every other Rhode Island probate court under R.I. Gen. Laws 33-22-16. Charlestown's own probate page directs users to probate forms and does not publish a separate local petition form. A few forms may be issued by a court rather than posted online, so ask the Charlestown clerk if the statewide catalogue does not include the form your filing requires.
| Form | Use |
|---|---|
| PC-1.1 | Administration petition for an intestate estate, tied to R.I. Gen. Laws 33-8-8. |
| PC-1.5 | Petition for probate of will. |
| PC-1.9 | Petition for voluntary informal executor under R.I. Gen. Laws 33-24-2. |
| PC-1.10 | Petition for voluntary informal administrator under R.I. Gen. Laws 33-24-1. |
| PC-3.5 | Appointment of Agent, used when an out-of-state executor needs a resident agent under R.I. Gen. Laws 33-24-2. |
| PC-4.2 | Petition for the Sale or Mortgage of Real Estate. |
| PC-7.3 | Affidavit of Complete Administration, a filing priced under R.I. Gen. Laws 33-22-21. |
| PC-9.1 | Waiver or Advertising, used with notice and newspaper advertising under R.I. Gen. Laws 33-22-11 and waiver practice under R.I. Gen. Laws 33-22. |
| PC-9.3 | Claim of Appeal, used for the appeal process under R.I. Gen. Laws 33-23-1. |
Timeline
- File early enough for Charlestown's monthly calendar. The court is in session on the third Monday of each month at 9:30 a.m. at Town Hall, and local administrative rules must publish session times under R.I. Gen. Laws 33-22-29.
- If your petition does not require advertising, or if it is on waiver, Charlestown asks that it be submitted to the town clerk by noon on the Wednesday before the court session. Waiver practice is part of R.I. Gen. Laws 33-22, and advertising is governed by R.I. Gen. Laws 33-22-11.
- If your matter requires newspaper advertising, ask the clerk for the current filing lead time and charge. Rhode Island requires publication once a week for at least two weeks, with the first advertisement at least 14 days before the hearing date, under R.I. Gen. Laws 33-22-11.
- After appointment, file the inventory within 90 days unless the court allows more time under R.I. Gen. Laws 33-9-1. That inventory is also when the one percent fee is recalculated under R.I. Gen. Laws 33-22-21.
Local nuance
Charlestown-specific considerations
| Local point | What it means |
|---|---|
| Monthly session | Charlestown hears probate matters on the third Monday of each month at 9:30 a.m. at Town Hall. Local administrative rules must state when the court is in session under R.I. Gen. Laws 33-22-29. |
| Noon Wednesday cutoff | Petitions that do not require advertising, or are on waiver, should reach the town clerk by noon on the Wednesday before the session. The waiver framework is in R.I. Gen. Laws 33-22, and advertising is governed by R.I. Gen. Laws 33-22-11. |
| Legal-advice boundary | Charlestown tells families that the clerk will work to expedite petitions but does not give legal advice. Rhode Island law makes the town clerk the clerk of the probate court under R.I. Gen. Laws 8-9-6, and the clerk's role is administrative rather than legal representation. |
| Fee schedule caution | Charlestown's posted fee document dates to the June 20, 2016 court session. Use the statewide fee rule in R.I. Gen. Laws 33-22-21 and ask the clerk for current Charlestown records and advertising charges under R.I. Gen. Laws 33-22-11. |
Recent updates
Scenarios
| Situation | Likely Charlestown path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Confirm how the home was titled before choosing a route. If no full administration is needed and every required person signs a waiver under R.I. Gen. Laws 33-22, submit the waived petition by noon on the Wednesday before Charlestown's third-Monday session. If appointment is needed, ask for certificates of appointment under R.I. Gen. Laws 33-22-21 after the hearing. | Sunset helps identify accounts, debts, and title issues so the spouse can decide whether the estate settlement needs a full Charlestown filing or a simpler set of transfers. |
| Out-of-state adult child with a small estate | If the parent died without a will, an out-of-state child cannot serve as voluntary administrator because R.I. Gen. Laws 33-24-1 requires the person using that route to be a Rhode Island resident. If the parent named the child as executor in a will, the child may be able to use the voluntary executor route under R.I. Gen. Laws 33-24-2 by filing the original will and appointing a resident agent on PC-3.5 under R.I. Gen. Laws 33-24-2. The $15,000 figure for the voluntary route has been in force since 2005 under R.I. Gen. Laws 33-24-1 and P.L. 2005, ch. 389. | Sunset can help an adult child in New York, Florida, California, or Texas find accounts first, then generate the correct Charlestown packet and identify when a Rhode Island resident agent or local attorney is needed. |
| Parent settling a predeceased child's estate when a home must be sold | Real property takes the estate out of the voluntary informal route under R.I. Gen. Laws 33-24-1. The parent should expect a full Charlestown probate filing, a third-Monday hearing, certificates of appointment under R.I. Gen. Laws 33-22-21, and, if the property must be sold, a real-estate sale filing such as PC-4.2. Rhode Island estate tax lien issues may require Form RI-706 and Form T-77 for real property under R.I. Gen. Laws chapter 44-23 before closing. | Sunset helps organize the estate settlement, locate accounts, prepare the court packet, and connect the parent with a Rhode Island probate attorney for the real-estate sale and tax-lien steps. |
Self-help resources
| Resource | What it provides | Link |
|---|---|---|
| Charlestown Probate Court | Session day and time, noon Wednesday filing deadline for petitions on waiver, phone number, and links to the town's fee document, rules document, and statewide forms. The town clerk serves as clerk of the probate court under R.I. Gen. Laws 8-9-6. | https://charlestownri.gov |
| Rhode Island Secretary of State, probate forms | The statewide PC probate forms catalogue, free to the public under R.I. Gen. Laws 33-22-16. | https://www.sos.ri.gov/divisions/business-services/probate-forms/ |
| Rhode Island Superior Court | The court that hears an appeal from a Charlestown probate decree under R.I. Gen. Laws 33-23-1. Charlestown is in Washington County, and appeals go to the Superior Court division serving that county under R.I. Gen. Laws 33-23-1. | https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx |
| Rhode Island Division of Taxation, estate tax | Estate tax forms, the nine-month filing clock under R.I. Gen. Laws 44-23-1, and lien discharge forms that may be needed before a final account is allowed under R.I. Gen. Laws 44-23-36. | https://tax.ri.gov/tax-sections/estate-tax |
When to hire an attorney
A Charlestown estate settlement may be manageable with careful paperwork when everyone agrees, assets are known, and no real estate sale or tax issue is involved. Counsel makes sense when heirs disagree, a house must be sold, the value of personal property is uncertain, a resident agent is needed under R.I. Gen. Laws 33-24-2, an appeal deadline under R.I. Gen. Laws 33-23-1 is approaching, or the clerk tells you the filing needs legal review. Sunset connects families with a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches for accounts, insurance, investments, and other assets so families can begin estate settlement with a clearer picture of what exists and what may need Charlestown Probate Court authority.
Generate the probate packet. Sunset uses the information you provide to assemble the core Rhode Island probate forms, organize supporting documents, and help you prepare for the town clerk filing under R.I. Gen. Laws 8-9-6.
Find a local probate attorney. If the estate involves a home sale, a dispute, a tax lien, or a tight appeal deadline under R.I. Gen. Laws 33-23-1, Sunset can connect you with a vetted Rhode Island probate attorney.
Sunset is free for families. Families can use Sunset to understand the estate settlement steps, organize documents, and move from asset discovery to a court-ready plan without paying Sunset.
Frequently asked questions
Where do I file probate for someone who lived in Charlestown?
File with the town clerk of Charlestown at Charlestown Town Hall, 4540 South County Trail, Charlestown, RI 02813. The town clerk is the clerk of the probate court under R.I. Gen. Laws 8-9-6, and the Charlestown Probate Court has jurisdiction for the town of Charlestown under R.I. Gen. Laws 8-9-9.
When does the Charlestown Probate Court meet?
The Charlestown Probate Court is in session on the third Monday of each month at 9:30 a.m. at Town Hall. Rhode Island requires each probate court's local administrative rules to state the dates and times the court is in session under R.I. Gen. Laws 33-22-29.
What is the Charlestown deadline for petitions on waiver?
Charlestown says petitions that do not require advertising, or petitions on waiver, should be submitted to the town clerk by noon on the Wednesday before the court session. Waiver is handled under R.I. Gen. Laws 33-22, and newspaper advertising is governed by R.I. Gen. Laws 33-22-11.
Can I file electronically in Charlestown Probate Court?
Plan on a paper filing with the town clerk. Charlestown's page describes petitions submitted to the clerk with required fees, and Rhode Island statutes assume paper: petitions must be in writing, the original will must reach the court, and the fee is paid before filing with a receipt under R.I. Gen. Laws 33-22-1, 33-24-2, and 33-22-21.
How much does it cost to open probate in Charlestown?
Rhode Island sets the court fee by statute. For probate of a will or administration, the fee is one percent of the decedent's personal property, with a $30 minimum and a $1,500 maximum, figures set by R.I. Gen. Laws 33-22-21 and unchanged since at least 1996. Charlestown's posted fee document dates to 2016, so ask the clerk for current Charlestown records and advertising charges under R.I. Gen. Laws 33-22-11 before filing.
Does Charlestown have its own probate forms?
Charlestown directs users to Rhode Island's statewide PC probate forms. The Secretary of State publishes those forms free under R.I. Gen. Laws 33-22-16, and the live catalogue is at https://www.sos.ri.gov/divisions/business-services/probate-forms/ under R.I. Gen. Laws 33-22-16.
Can I look up a Charlestown probate estate online?
Charlestown's probate page does not link an online estate index. Probate records are kept by the town clerk under R.I. Gen. Laws 8-9-7, so call the clerk's office at (401) 364-1200 to ask how to review or copy a Charlestown probate record.
Do I have to travel to Charlestown for probate?
Maybe. If every necessary person signs a waiver under R.I. Gen. Laws 33-22 and the petition does not require advertising under R.I. Gen. Laws 33-22-11, Charlestown gives a noon Wednesday filing deadline before the monthly session. Ask the clerk how the court wants you to handle any required hearing before you make travel plans.
What if I disagree with a Charlestown probate decree?
Rhode Island probate appeals have two jurisdictional deadlines. Under R.I. Gen. Laws 33-23-1, the claim of appeal must be filed with the probate clerk within 20 days after execution of the decree, and the certified claim and reasons of appeal must be filed in the Superior Court within 30 days after entry of the decree. Both deadlines are jurisdictional and cannot be extended under R.I. Gen. Laws 33-23-1.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.