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Foster Probate Court, RI Probate Information
Quick facts
| Item | Detail |
|---|---|
| Court | Foster Probate Court |
| Courthouse and filing address | Foster Town Hall, 181 Howard Hill Road, Foster, RI 02825. Foster publishes one address for filing and for court sessions. |
| Mailing address | No separate mailing address is published by the Foster Probate Court. Use Foster Town Hall unless the town clerk gives a different instruction. |
| Phone | 401-392-9200 |
| Fax | 401-397-9736 |
| Clerk hours | Monday through Thursday, 8:30 a.m. to 5:30 p.m. Closed Fridays. These are town clerk office hours under R.I. Gen. Laws 8-9-6, not court session hours. |
| Court session | 2:00 p.m. on the second Wednesday of each month at Foster Town Hall. Foster's local administrative rules under R.I. Gen. Laws 33-22-29 say the court may meet on a different day or place if necessary. |
| Filing fee under R.I. Gen. Laws 33-22-21 | State statute sets one percent of the decedent's personal property, with a minimum of $30 and a maximum of $1,500, payable before filing and calculated from the petitioner's estimate, with those statutory figures unchanged since at least 1996. Foster's September 2026 local schedule lists a $34 base charge for the listed petition types, $39 for each voluntary informal route under R.I. Gen. Laws 33-24, $150 advertising charges under R.I. Gen. Laws 33-22-11 when required, and an inventory fee to verify with the probate clerk. |
| Local forms | Rhode Island probate forms are statewide under R.I. Gen. Laws 33-22-16, and Foster rule 16 makes statewide forms mandatory. Foster also publishes local rules and a local fee schedule. |
| Electronic filing | Plan on paper filing. Foster's probate page and local rules do not provide an electronic filing option, and Rhode Island probate statutes assume written, signed papers and payment before filing. |
| Probate record lookup | Foster's probate page does not publish an online probate case search. Foster says probate records are public, and the town clerk keeps probate records under R.I. Gen. Laws 8-9-7. |
| Video or phone hearings | Foster's probate page and local rules do not publish a video or phone hearing option. Call 401-392-9200 before relying on any appearance plan. |
| Website | Foster Probate Court |
Before you begin — know the assets and liabilities
Before you file in Foster, make a practical inventory of what the decedent owned, what was jointly owned, what passes by beneficiary designation, and what debts are known. Rhode Island's opening probate charge is calculated from the personal-property estimate you put on the petition under R.I. Gen. Laws 33-22-21, then revised after the inventory under R.I. Gen. Laws 33-9-1, so the asset list affects both authority and cost.
Sunset can help with estate settlement before the first filing by searching across 2,300 institutions for accounts, balances and benefits that may otherwise be missed. That is especially useful in Foster because the clerk's office is closed Fridays and the court generally sits only once a month, so a better first packet can save a full monthly cycle.
Which court handles jurisdiction
File where the decedent lived. If the decedent's home was in Foster, the Foster Probate Court is the court, and no other Rhode Island probate court has jurisdiction over the estate (R.I. Gen. Laws 8-9-9). If the decedent lived in another Rhode Island city or town, that municipality's own probate court is the place to file.
Rhode Island has no county probate courts and no county government. The Foster Probate Court is the court for the town of Foster and for no other municipality (R.I. Gen. Laws 8-9-9). Foster is in Providence County, which matters in one respect only: an appeal from a decree of this court goes to the Superior Court for that county (R.I. Gen. Laws 33-23-1), and the Superior Court sits in four divisions statewide, with Providence and Bristol counties served together.
The town clerk of Foster is the clerk of the probate court under R.I. Gen. Laws 8-9-6. Probate records are kept by the town clerk under R.I. Gen. Laws 8-9-7.
The jurisdiction process
- Identify assets, debts and transfer paths before choosing forms. Joint accounts, beneficiary designations and real property can change whether a full Foster probate is needed, and the personal-property estimate drives the first payment under R.I. Gen. Laws 33-22-21.
- Use the statewide PC forms. Rhode Island probate forms are prescribed and furnished free under R.I. Gen. Laws 33-22-16, and Foster rule 16 makes the statewide forms mandatory.
- File with the town clerk at Foster Town Hall, 181 Howard Hill Road, Foster, RI 02825. The town clerk is the probate clerk under R.I. Gen. Laws 8-9-6. The office is open Monday through Thursday, 8:30 a.m. to 5:30 p.m., and closed Fridays.
- Pay before the petition is filed. Rhode Island sets the fee at one percent of personal property, minimum $30 and maximum $1,500, under R.I. Gen. Laws 33-22-21, with those figures unchanged since at least 1996. Foster's September 2026 local schedule lists a $34 base charge for the listed petition types and says checks are payable to the Town of Foster.
- Decide whether the matter can proceed on waiver under R.I. Gen. Laws 33-22. Foster's September 2026 local fee schedule lists advertising at $0 for a hearing with waiver and $150 for a hearing without waiver under R.I. Gen. Laws 33-22-11, so getting proper waivers can materially reduce cost.
- Meet Foster's local filing deadlines. If advertising under R.I. Gen. Laws 33-22-11 is required, Foster rule 3 says the matter and fees must be filed no later than the Wednesday of the week before publication, and publication runs in the Tuesday edition of the Providence Journal two times before the hearing. Matters on waiver under R.I. Gen. Laws 33-22 must be filed at least two days before the hearing.
- Attend the Foster session if the matter is placed for hearing. Foster's local administrative rules under R.I. Gen. Laws 33-22-29 say sessions normally convene at 2:00 p.m. on the second Wednesday of each month at Town Hall, and R.I. Gen. Laws 33-22-30 places formal and uncontested matters before contested matters on the docket.
- After appointment, ask for certificates of appointment. Rhode Island sets a certificate of appointment charge at $5 under R.I. Gen. Laws 33-22-21, and Foster's September 2026 schedule gives the first certificate free and lists each additional certificate at $5.
- File the inventory within 90 days after appointment unless the court allows more time (R.I. Gen. Laws 33-9-1). Foster rule 13 says inventory requirements will be strictly enforced, and Foster's schedule says to verify the final inventory fee with the probate clerk.
- Administer claims and taxes before closing. Creditor claims run from first publication under R.I. Gen. Laws 33-11-5. Before the Foster Probate Court allows a final account, it must see that Rhode Island estate tax has been paid, extended, or determined not to apply under R.I. Gen. Laws 44-23-36.
- Close with the required account or affidavit of complete administration. Foster rule 7 requires an attorney certification with every accounting, or the supporting cancelled checks or other documents, with no exceptions. Foster rule 14 lists attachments for an affidavit of complete administration and says those filings appear on the Foster court docket under R.I. Gen. Laws 33-22-30.
Executor duties
Foster adds several local requirements to the statewide duties of a personal representative. Foster rule 13 says administrators and executors must file the inventory within 90 days of appointment under R.I. Gen. Laws 33-9-1 and that the requirement will be strictly enforced.
Foster rule 6 says a first and final accounting or affidavit of complete administration will not be accepted without a fiduciary affidavit showing notice to known and easily ascertainable creditors, tied to the creditor rules in R.I. Gen. Laws 33-11-5 and R.I. Gen. Laws 33-11-5.1. Foster rule 7 requires an attorney certification with every accounting, or copies of all cancelled checks or other documents supporting charges, losses and payments, with no exceptions.
Foster rule 14 requires original releases from legatees, copies of the paid funeral bill, the estate tax discharge, claim releases, creditor-notice certification and current fees before an affidavit of complete administration is accepted. The final account cannot be allowed until the Rhode Island estate tax position is resolved under R.I. Gen. Laws 44-23-36.
Forms and documents
Probate forms at the Foster 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. The Foster Probate Court uses that statewide PC form set, and Foster rule 16 says use of statewide forms is mandatory.
For a typical estate settlement, the statewide forms may include PC-1.1 for an administration petition under R.I. Gen. Laws 33-8-8, PC-1.5 for a petition to probate a will, PC-9.1 for waiver or advertising under R.I. Gen. Laws 33-22-11, and PC-7.3 for an affidavit of complete administration, which is one of the $30 filings under R.I. Gen. Laws 33-22-21. Foster does not publish a separate Foster-only probate form on its probate page, but it does publish local rules and a local fee schedule that control timing and payment.
Use the live statewide catalogue at sos.ri.gov probate forms. If a needed form is not online, ask the Foster probate clerk for the court-issued form.
Fees
Rhode Island sets the core probate charge by statute, and Foster adds local amounts on top. For a petition to probate a will or grant administration, R.I. Gen. Laws 33-22-21 sets one percent of the decedent's personal property subject to the court's jurisdiction, with a $30 minimum and $1,500 maximum, paid before the petition is filed and based on the petitioner's estimate. Those statutory figures are unchanged since at least 1996. The estimate is provisional, and the fee is revised when the inventory is filed under R.I. Gen. Laws 33-9-1.
| Charge | Amount | Context |
|---|---|---|
| Listed base petition types | $34 | Foster's September 2026 schedule lists $34 for probate of will, administration petition, will with no assets, guardianship, custodianship, conservatorship, name change, adult adoption, successor administration, foreign will and ancillary administration. The state floor for many filings is $30 under R.I. Gen. Laws 33-22-21. |
| Voluntary informal executor | $39 | Foster's September 2026 schedule lists $39 for the voluntary executor route under R.I. Gen. Laws 33-24-2. |
| Voluntary informal administrator | $39 | Foster's September 2026 schedule lists $39 for the voluntary administrator route under R.I. Gen. Laws 33-24-1. |
| Hearing with waiver | $0 advertising | Foster's September 2026 schedule lists no advertising charge when waiver is used under R.I. Gen. Laws 33-22 and R.I. Gen. Laws 33-22-11. |
| Hearing without waiver | $150 advertising | Foster's September 2026 schedule lists $150 for hearing advertising under R.I. Gen. Laws 33-22-11. |
| Qualification advertising | $150 | Published on Foster's September 2026 schedule under R.I. Gen. Laws 33-22-11. |
| Petition to sell advertising | $150 | Published on Foster's September 2026 schedule under R.I. Gen. Laws 33-22-11. |
| Certificate of appointment | First certificate free, then $5 each | Foster's September 2026 schedule gives the first certificate free and lists each additional one at $5. The statewide certificate of appointment charge is $5 under R.I. Gen. Laws 33-22-21. |
| Inventory fee | Not more than $1,504, confirm with the probate clerk | Foster's September 2026 schedule directs filers to verify the inventory amount with the probate clerk. The underlying one percent statutory fee is governed by R.I. Gen. Laws 33-22-21 and the inventory is due under R.I. Gen. Laws 33-9-1. |
Copies of probate documents are $1.50 per page, with $3.00 to certify, under R.I. Gen. Laws 33-22-21, with those statutory copy charges unchanged since at least 1996.
Timeline
- Before filing, gather the asset and debt information needed for the petition estimate under R.I. Gen. Laws 33-22-21.
- If the matter needs advertising under R.I. Gen. Laws 33-22-11, file the matter and pay fees no later than the Wednesday of the week before publication. Foster rule 3 says publication is in the Tuesday edition of the Providence Journal two times before the hearing.
- If the matter is on waiver under R.I. Gen. Laws 33-22, file at least two days before the hearing.
- The Foster Probate Court is in session under R.I. Gen. Laws 33-22-29 at 2:00 p.m. on the second Wednesday of each month at Foster Town Hall, unless the court sets a different day or place.
- After appointment, file the inventory within 90 days unless the court allows more time (R.I. Gen. Laws 33-9-1). Foster rule 13 says inventory requirements will be strictly enforced.
- Creditor claims must be presented within six months from first publication under R.I. Gen. Laws 33-11-5.
- Before the final account is allowed, resolve the Rhode Island estate tax position under R.I. Gen. Laws 44-23-36.
- If someone appeals a Foster decree, the claim of appeal must be filed with the probate clerk within 20 days after execution of the order or decree, and the certified claim and reasons must be filed in the Superior Court within 30 days after entry (R.I. Gen. Laws 33-23-1). Both deadlines are jurisdictional.
Local nuance
Foster-specific considerations
| Local point | Why it matters |
|---|---|
| Closed Fridays | The town clerk's office is open Monday through Thursday, 8:30 a.m. to 5:30 p.m., and closed Fridays. The town clerk is the probate clerk under R.I. Gen. Laws 8-9-6, so do not plan a Friday filing trip. |
| One monthly session | Foster's local administrative rules under R.I. Gen. Laws 33-22-29 set sessions for 2:00 p.m. on the second Wednesday of each month, with the court reserving the right to change the day or place. |
| Large advertising swing | Foster's September 2026 fee schedule lists $0 for advertising on waiver and $150 without waiver. Advertising is governed by R.I. Gen. Laws 33-22-11, and waiver is governed by R.I. Gen. Laws 33-22. |
| First certificate free | Foster's September 2026 schedule gives the first certificate of appointment free and lists each additional certificate at $5. The statewide charge for a certificate of appointment is $5 under R.I. Gen. Laws 33-22-21. |
| Succession if the judge cannot serve | Foster rule 18 says the town solicitor performs the probate judge's duties if the judge is absent, disabled, disqualified or the office is vacant. Probate judge authority is governed by R.I. Gen. Laws 8-9. |
| Foster docket treatment | Foster rule 14 says affidavits of complete administration and voluntary informal petitions under R.I. Gen. Laws 33-24 appear on the court docket. Docket order is governed by R.I. Gen. Laws 33-22-30. |
Small-estate Alternatives
Foster has two local points for the voluntary informal routes under R.I. Gen. Laws 33-24. First, Foster's September 2026 fee schedule lists both voluntary informal executor under R.I. Gen. Laws 33-24-2 and voluntary informal administrator under R.I. Gen. Laws 33-24-1 at $39. Second, Foster rule 14 says these filings appear on the Foster court docket under R.I. Gen. Laws 33-22-30 rather than being handled only inside the clerk's office.
The statewide limits still control. The voluntary administrator route under R.I. Gen. Laws 33-24-1 is for personal-property estates of $15,000, a figure in force since 2005, excluding tangible personal property, and it requires a Rhode Island resident filer. The voluntary executor route under R.I. Gen. Laws 33-24-2 can be used by an out-of-state named executor if the executor appoints a resident agent.
Recent updates
| Update | What changed locally |
|---|---|
| Town website | Foster's live probate page is now at townoffosterri.gov/344/Probate-Court. The older townoffoster.com probate path should not be used. |
| Phone | The Foster probate page and town clerk page publish 401-392-9200 for the town hall and probate contact. Use that number rather than 401-392-9202. |
| Local fee schedule | Foster's fee schedule retrieved September 2026 lists $34 base charges, $39 voluntary informal filings under R.I. Gen. Laws 33-24, $150 advertising charges under R.I. Gen. Laws 33-22-11, and the first certificate of appointment free with later certificates at $5 under R.I. Gen. Laws 33-22-21. |
Scenarios
| Situation | Likely Foster path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by confirming how the home is titled and what assets are solely in the decedent's name. If a Foster probate filing is needed, waiver under R.I. Gen. Laws 33-22 can be important because Foster's September 2026 schedule lists $0 advertising with waiver and $150 without waiver under R.I. Gen. Laws 33-22-11. If appointed, ask the Foster probate clerk for certificates of appointment under R.I. Gen. Laws 33-22-21; Foster's schedule gives the first one free and lists later certificates at $5. | Sunset helps identify accounts, beneficiary designations and liabilities before the spouse chooses a filing path, so the estate settlement starts with a clearer asset picture. |
| Out-of-state adult child with a small estate | If the Rhode Island decedent died without a will, an out-of-state child from New York, Florida, California or Texas cannot serve as voluntary administrator because R.I. Gen. Laws 33-24-1 requires a Rhode Island resident. If the child is named executor in a will, R.I. Gen. Laws 33-24-2 allows the voluntary executor route with a resident agent on PC-3.5 under R.I. Gen. Laws 33-24-2. Foster's September 2026 schedule lists each voluntary informal route under R.I. Gen. Laws 33-24 at $39, and Foster rule 14 says the filing appears on the court docket under R.I. Gen. Laws 33-22-30. | Sunset helps the child decide whether the estate settlement can stay within R.I. Gen. Laws 33-24 or needs full administration, and can help assemble the local filing packet before a Foster trip. |
| Parent settling a predeceased child's estate when a home must be sold | Real property takes the estate outside the voluntary informal route under R.I. Gen. Laws 33-24. If the Foster Probate Court must authorize a sale, Foster's September 2026 schedule lists petition-to-sell advertising at $150 under R.I. Gen. Laws 33-22-11. The estate also must address the Rhode Island estate tax lien and final-account gate under R.I. Gen. Laws 44-23-36 before closing. | Sunset helps locate assets, prepare the packet and connect the parent with a probate attorney for sale authority, tax-lien clearance and accounting issues. |
Self-help resources
| Resource | What it provides | Link |
|---|---|---|
| Foster Probate Court | Address, phone, fax, and links to Foster's probate rules, fee schedule and statewide probate forms under R.I. Gen. Laws 33-22-16 | Foster Probate Court |
| Foster Town Clerk | Town clerk contact and hours. The town clerk serves as clerk of the probate court under R.I. Gen. Laws 8-9-6. | Foster Town Clerk |
| Foster Probate Court rules and practice and procedure | Foster's local administrative rules under R.I. Gen. Laws 33-22-29, including the session schedule, advertising deadlines under R.I. Gen. Laws 33-22-11, inventory rule under R.I. Gen. Laws 33-9-1 and account requirements | Foster probate rules |
| Foster Probate Court fee schedule | Foster's September 2026 local probate fee list, including the waiver and advertising amounts under R.I. Gen. Laws 33-22-11 and certificate of appointment practice under R.I. Gen. Laws 33-22-21 | Foster fee schedule |
| Rhode Island Secretary of State probate forms | The statewide PC form catalogue, free to the public under R.I. Gen. Laws 33-22-16 | Rhode Island probate forms |
| Rhode Island Superior Court | Appeal forum for a Foster probate decree under R.I. Gen. Laws 33-23-1 | Rhode Island Superior Court |
| Rhode Island Division of Taxation estate tax | Estate tax filing, lien-discharge forms and Notice of No Tax Due information for final account approval under R.I. Gen. Laws 44-23-36 | Rhode Island estate tax |
When to hire an attorney
A probate attorney is especially useful in Foster when heirs disagree, when a house must be sold, when a creditor issue affects the estate, or when an account has to be prepared. Foster rule 7 requires an attorney certification with every accounting, or supporting documents for all charges, losses and payments, with no exceptions, and the final account also depends on the Rhode Island estate tax finding required by R.I. Gen. Laws 44-23-36. Sunset connects you to a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify accounts, insurance, retirement benefits and other assets that may belong in the estate settlement before papers are filed in Foster.
Generate the probate packet. Sunset turns what you know about the estate into an organized probate packet using the Rhode Island statewide PC forms under R.I. Gen. Laws 33-22-16 and the local Foster timing rules.
Find a local probate attorney. If the estate involves a contested issue, a real-estate sale, an accounting or a tax-lien question, Sunset can connect the family with a vetted probate attorney familiar with Rhode Island practice.
Sunset is free for families. Families can use Sunset's estate settlement tools at no cost while deciding what to file, what to ask the Foster probate clerk, and when counsel is worth bringing in.
Frequently asked questions
Where do I file probate for someone who lived in Foster?
File with the Foster Probate Court at Foster Town Hall, 181 Howard Hill Road, Foster, RI 02825. The town clerk of Foster is the clerk of the probate court under R.I. Gen. Laws 8-9-6, and Foster is the proper probate court when the decedent lived in Foster under R.I. Gen. Laws 8-9-9.
Is the Foster probate clerk open on Fridays?
No. The Foster town clerk's office is open Monday through Thursday, 8:30 a.m. to 5:30 p.m., and closed Fridays. Because the town clerk is the probate clerk under R.I. Gen. Laws 8-9-6, plan filings and calls around that schedule.
When does the Foster Probate Court hold hearings?
Foster's local administrative rules under R.I. Gen. Laws 33-22-29 say the court normally sits at 2:00 p.m. on the second Wednesday of each month at Foster Town Hall. The court may meet on a different day or place if necessary.
Can I file Foster probate papers online?
Plan on paper filing with the Foster town clerk. Foster's probate page and rules do not provide electronic filing, and Rhode Island statutes require written, signed petitions and payment before the petition is filed, including the fee process in R.I. Gen. Laws 33-22-21.
Can I look up a Foster estate online?
Foster's probate page does not publish an online probate case search. Foster says probate records are public, and the town clerk keeps probate records under R.I. Gen. Laws 8-9-7. Call 401-392-9200 for access questions.
Does Foster have its own probate forms?
Foster uses the Rhode Island statewide probate forms. Those probate forms are furnished free through the Secretary of State under R.I. Gen. Laws 33-22-16, and Foster rule 16 makes statewide forms mandatory. Foster also publishes local rules and a local fee schedule.
How much will it cost to open probate in Foster?
There is no single flat answer. Rhode Island sets the core filing fee under R.I. Gen. Laws 33-22-21 at one percent of personal property, minimum $30 and maximum $1,500, payable before filing and based on an estimate, with those statutory figures unchanged since at least 1996. Foster's September 2026 schedule lists $34 base charges for the listed petition types, $39 voluntary informal filings under R.I. Gen. Laws 33-24, and $150 advertising charges under R.I. Gen. Laws 33-22-11 when required.
Can a waiver reduce Foster probate costs?
Yes, when the matter qualifies for waiver under R.I. Gen. Laws 33-22. Foster's September 2026 local schedule lists advertising at $0 for a hearing with waiver and $150 without waiver under R.I. Gen. Laws 33-22-11.
Do I have to travel to Foster for probate?
Not every step requires the same plan. Paper filings can be mailed or delivered to the Foster town clerk, but if a matter is set for hearing, Foster's local administrative rules under R.I. Gen. Laws 33-22-29 place the session at Town Hall. Foster does not publish a video or phone hearing option, so call 401-392-9200 before assuming you can avoid travel.
How do Foster probate appeals work?
An appeal from a Foster probate decree goes to the Superior Court under R.I. Gen. Laws 33-23-1. The claim of appeal is due at the probate clerk's office within 20 days after execution of the order or decree, and the certified claim and reasons are due in the Superior Court within 30 days after entry. Both deadlines are jurisdictional, and the appeal is heard de novo.
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.