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Johnston Probate Court, RI Probate Information
Quick facts
| Topic | Johnston Probate Court information |
|---|---|
| Court | Johnston Probate Court, the probate court of the town of Johnston |
| Where to file and mail | Town Clerk's Department, Johnston Town Hall, 1385 Hartford Avenue, Johnston, RI 02919. The town asks that documents be mailed here and says mail sent to the courtroom address will be delayed. |
| Where hearings are held | Johnston Municipal Court, 1600 Atwood Avenue, Johnston, RI 02919 |
| Phone | 401-553-8833 for probate. For the town clerk's general line, call 401-351-6618 option 5. |
| Fax | (401) 553-8835 |
| No role email is published. Reach the probate clerk's office by phone. The town clerk of Johnston is the clerk of the probate court by statute (R.I. Gen. Laws 8-9-6). | |
| Clerk's office hours | Labor Day to Memorial Day: Monday through Thursday 8:30 a.m. to 4:30 p.m. and Friday 8:30 a.m. to 3:30 p.m. Memorial Day to Labor Day: Monday through Thursday 8:30 a.m. to 4:00 p.m. and Friday 8:30 a.m. to 3:30 p.m. Closed on federal and state holidays. These are counter hours, not court session times. |
| Court sessions | 8:15 a.m. on the second and fourth Tuesday of each month at the Johnston Municipal Court. Johnston's local administrative rules are adopted under R.I. Gen. Laws 33-22-29, and the court reserves the right to meet on a different day if necessary. |
| Filing fee | 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 (R.I. Gen. Laws 33-22-21). Johnston adds its own records and advertising charges; on the town's own schedule, retrieved September 1, 2026, an opening petition is $34.00 with a waiver and $124.00 without one. The one percent is recalculated against the inventory and the difference is billed or refunded. |
| Local forms | Johnston publishes no probate form of its own. Rhode Island probate forms are statewide and free under R.I. Gen. Laws 33-22-16, and Johnston's local rules make the statewide forms mandatory. |
| Online filing | Paper filing. Johnston's website does not offer electronic filing for probate, and the statutes assume written papers, original wills and counter or mail filing. |
| Case lookup | The town of Johnston does not publish an online probate index. Rhode Island's court records portal covers the state Judiciary's own courts, not the municipal probate courts. Probate records are kept by the town clerk of Johnston (R.I. Gen. Laws 8-9-7), and they are public records. |
| Website | https://www.johnstonri.gov/1262/Probate-Court |
Before you begin — know the assets and liabilities
Before you choose a Johnston Probate Court filing path, list what the person owned, how each asset was titled and what debts are known. That work drives the first filing, the notice plan, the bond question under R.I. Gen. Laws 33-17, the inventory and the provisional fee under R.I. Gen. Laws 33-22-21.
Sunset's estate settlement process can help you find accounts and policies before you file. Sunset searches more than 2,300 institutions, which helps families avoid opening probate with an incomplete asset picture and then correcting it later.
Which court handles jurisdiction
File where the decedent lived. If the decedent's home was in Johnston, the Johnston 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 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 Johnston Probate Court is the court for the town of Johnston and for no other municipality. Johnston 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 jurisdiction process
- Work out what the decedent owned and owed before you file. The estimate you put on the petition is used to compute the fee under R.I. Gen. Laws 33-22-21, and the amount is recalculated later against the inventory.
- Download the statewide PC forms from the Rhode Island Secretary of State or ask the Johnston probate clerk's office for any form that is not online. The statewide forms are free under R.I. Gen. Laws 33-22-16, and Johnston's local rules make them mandatory.
- File in person or by mail at the Town Clerk's Department, Johnston Town Hall, 1385 Hartford Avenue, Johnston, RI 02919. Do not send probate papers to 1600 Atwood Avenue; Johnston says mail sent to the courtroom address will delay processing.
- Bring certified copies of vital records. Johnston's local administrative rules, adopted under R.I. Gen. Laws 33-22-29, say photocopies of vital records are not accepted.
- Pay before the petition is filed. Checks should be payable to the Town of Johnston. On Johnston's schedule, accessed September 1, 2026, an opening petition is $34.00 with a waiver and $124.00 without one, in addition to the statewide one percent fee mechanics in section 33-22-21.
- Decide whether every interested party can sign the statewide PC-9.1 Waiver or Advertising form. Publication is required unless waived under R.I. Gen. Laws 33-22-11, and the waiver is the main way to reduce cost and avoid an unnecessary hearing issue.
- Meet Johnston's local filing deadlines. Johnston's local rules require matters needing publication in the Providence Journal, with the fees paid, by the Thursday before the week of publication. Matters on waiver must be filed at least 48 hours before the hearing unless the probate judge allows otherwise.
- The clerk issues a written receipt. When a hearing is needed, the receipt includes the hearing date and time whenever possible under R.I. Gen. Laws 33-22-21.
- Attend the session at 8:15 a.m. on the second or fourth Tuesday at the Johnston Municipal Court, 1600 Atwood Avenue. Uncontested matters are heard before contested matters, and a special session for a contested matter carries no extra charge (R.I. Gen. Laws 33-22-30).
- After appointment, order certificates of appointment from the probate clerk at $5.00 each under R.I. Gen. Laws 33-22-21 and on Johnston's schedule, accessed September 1, 2026. A bank, transfer agent or motor-vehicle office may ask for one.
- File the inventory within 90 days after appointment unless the court allows more time (R.I. Gen. Laws 33-9-1). Johnston's local rules repeat that deadline, and the town's schedule labels the inventory charge as one percent of the value of the estate. That is the statutory fee recalculation, not the Rhode Island estate tax.
- Before closing, make sure the Rhode Island estate tax position is resolved. The court will not allow the final account until the tax has been paid, extended or determined not to apply, and the Division of Taxation's certification settles the point (R.I. Gen. Laws 44-23-36).
- Close with the required account or affidavit. Johnston's local rules require creditor-notice proof before a first and final account or affidavit of complete administration is accepted, and they require an attorney certification before an account is accepted.
- For an affidavit of complete administration and the small-estate filings under R.I. Gen. Laws 33-24, Johnston's local rules say those filings are handled administratively in the probate clerk's office and do not appear on the court docket.
Forms and documents
Probate forms at the Johnston 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 attorneys and to the probate clerks (R.I. Gen. Laws 33-22-16). They are numbered in the PC series and available at https://www.sos.ri.gov/divisions/business-services/probate-forms/.
Johnston uses the same PC forms as every other Rhode Island probate court, and Johnston's rule 17 makes use of the statewide forms mandatory. The town does not publish its own probate form or local cover sheet on top of that statewide set.
| Form | Use in Johnston |
|---|---|
| PC-1.1 Administration Petition | Opening petition when the decedent died intestate. The form itself cites R.I. Gen. Laws 33-8-8. |
| PC-1.5 Petition for Probate of Will | Opening petition when the decedent left a will. |
| PC-1.9 Petition for Voluntary Informal Executor | Small-estate filing for a named executor, tied to R.I. Gen. Laws 33-24-2. Johnston prices this route at $39.00 with appointment included on its schedule, accessed September 1, 2026. |
| PC-1.10 Petition for Voluntary Informal Administrator | Small-estate filing for an intestate estate, tied to section 33-24-1. Johnston also prices this route at $39.00 with appointment included on its schedule, accessed September 1, 2026. |
| PC-3.5 Appointment of Agent | Resident-agent form for an out-of-state executor using the voluntary executor route under section 33-24-2. |
| PC-4.2 Petition for the Sale or Mortgage of Real Estate | Used when court authority is needed to sell or mortgage real estate. Johnston's schedule lists a petition to sell real estate at $124.00, accessed September 1, 2026. |
| PC-7.3 Affidavit - Complete Administration | Closing affidavit. The statutory $30 list in R.I. Gen. Laws 33-22-21 includes an affidavit of complete administration, and Johnston's schedule prices it at $34.00, accessed September 1, 2026. |
| PC-9.1 Waiver or Advertising | Used when interested parties waive notice and publication under R.I. Gen. Laws 33-22-11. |
| PC-9.3 Claim of Appeal | First appeal paper filed with the Johnston town clerk as clerk of the probate court. A Johnston probate appeal goes to the Superior Court division serving Providence and Bristol counties (R.I. Gen. Laws 33-23-1). |
A few Rhode Island forms are issued by the court rather than posted online. Johnston's local rules also say attorney and fiduciary fee affidavit forms are available in the probate clerk's office, so call 401-553-8833 if the form you need is not in the statewide catalogue.
Fees
Rhode Island sets the probate fee schedule by statute. For a petition to probate a will or grant administration, the fee is one percent of the decedent's personal property over which the court has jurisdiction, with a floor of $30 and a ceiling of $1,500 (R.I. Gen. Laws 33-22-21). The $30 floor and $1,500 ceiling are statutory figures unchanged since at least 1996. The amount paid at the counter is provisional because it is based on the petitioner's estimate and is revised when the inventory is filed.
Johnston adds its own records and advertising charges. Its fee schedule carries no effective date on its face, so the local figures below are the amounts Johnston published on the schedule accessed September 1, 2026.
| Item | Johnston amount | Notes |
|---|---|---|
| Petition for probate of will with waiver | $34.00 | Local schedule, accessed September 1, 2026 |
| Petition for probate of will without waiver | $124.00 | Local schedule, accessed September 1, 2026 |
| Petition for administration with waiver | $34.00 | Local schedule, accessed September 1, 2026 |
| Petition for administration without waiver | $124.00 | Local schedule, accessed September 1, 2026 |
| Voluntary informal executor | $39.00 | Includes appointment on Johnston's schedule, accessed September 1, 2026, and uses R.I. Gen. Laws 33-24-2 |
| Voluntary informal administration | $39.00 | Includes appointment on Johnston's schedule, accessed September 1, 2026, and uses section 33-24-1 |
| Accounting | $90.00 | Local schedule, accessed September 1, 2026 |
| Petition to sell real estate | $124.00 | Local schedule, accessed September 1, 2026 |
| Affidavit of complete administration | $34.00 | The statutory $30 list in section 33-22-21 includes this filing; Johnston prices it above that floor because the town adds its own records charge, authorized by R.I. Gen. Laws 33-22-25. |
| Petition to file will with no assets | $34.00 | The statutory $30 list in R.I. Gen. Laws 33-22-21 includes filing a will with no probate, and Johnston's schedule prices it at $34.00, accessed September 1, 2026. |
| Certificate of appointment | $5.00 | Amount set by section 33-22-21 and matched on Johnston's schedule, accessed September 1, 2026 |
| Copies | $1.50 per page | Amount set by section 33-22-21 and matched on Johnston's schedule, accessed September 1, 2026 |
| Certification of copies | $3.00 | Amount set by section 33-22-21 and matched on Johnston's schedule, accessed September 1, 2026 |
Johnston's line labeled estate tax inventory fee is not the Rhode Island estate tax. It is the local label for the statutory one percent recomputation against the inventory under R.I. Gen. Laws 33-22-21. The actual Rhode Island estate tax is administered by the Division of Taxation under title 44, not by Johnston's fee schedule.
Timeline
- For matters that require publication, Johnston's local rules require the filing and fees by the Thursday before the week of publication. The publication itself is the newspaper notice required by R.I. Gen. Laws 33-22-11.
- For matters on waiver, Johnston's local rules require filing at least 48 hours before the hearing unless the probate judge allows otherwise. Use PC-9.1 when notice and publication are waived under R.I. Gen. Laws 33-22-11.
- Publication must run once a week for at least two weeks, with the first publication at least 14 days before the first hearing date, unless the notice is waived (R.I. Gen. Laws 33-22-11).
- Johnston sessions normally begin at 8:15 a.m. on the second and fourth Tuesday of each month at the Johnston Municipal Court, 1600 Atwood Avenue. Check the town's published calendar or call 401-553-8833 before traveling, because the court reserves the right to meet on a different day if necessary.
- After appointment, file the inventory within 90 days unless the court allows more time (R.I. Gen. Laws 33-9-1). Johnston's local rules repeat that inventory deadline.
- Creditor claims are presented within six months from first publication or are forever barred, subject to the statutory late-claim process (R.I. Gen. Laws 33-11-5).
- Before the final account is allowed, the estate tax must be paid, extended or determined not to apply, and the Division of Taxation's certification settles that issue for the court (R.I. Gen. Laws 44-23-36).
Local nuance
Johnston-specific considerations
| Local point | What it means in Johnston |
|---|---|
| Two addresses | File and mail papers to the Town Clerk's Department at Johnston Town Hall, 1385 Hartford Avenue. Hearings are at the Johnston Municipal Court, 1600 Atwood Avenue. Johnston says documents sent to the courtroom address will delay processing. |
| Certified vital records only | Johnston's local administrative rules, adopted under R.I. Gen. Laws 33-22-29, say photocopies of vital records are not accepted. |
| Payment payee | Checks should be payable to the Town of Johnston. The town may receive probate fees into its treasury under R.I. Gen. Laws 33-22-25. |
| Publication newspaper | Johnston's local rules name the Providence Journal for publication. Publication is the notice process under R.I. Gen. Laws 33-22-11. |
| Advertised matters | Johnston requires matters that need publication, and the fees for them, by the Thursday before the week of publication. |
| Waiver deadline | Johnston requires matters on waiver to be filed at least 48 hours before the hearing unless the probate judge allows otherwise. The waiver form is PC-9.1 under section 33-22-11. |
| Accounts | Johnston's local rules say no account is accepted without a certification from the attorney for the estate, with no exceptions. |
| Creditor-notice proof | Johnston will not accept a first and final account or affidavit of complete administration without the fiduciary's affidavit that notice was given to known and easily ascertainable creditors. Creditor timing is governed by R.I. Gen. Laws 33-11-5. |
| Off-docket filings | Under Johnston's local rules, the affidavit of complete administration and the small-estate filings under R.I. Gen. Laws 33-24 are handled administratively in the probate clerk's office and do not appear on the court docket. |
| Guardian ad litem fee cap | Johnston's local rules cap guardian ad litem fees at $450.00 unless additional fees are authorized by the judge for cause shown, according to the rules accessed September 1, 2026. |
| Hearing recordings | Johnston's local rules list copies of tapes at $35.00 per tape, accessed September 1, 2026. State law separately addresses the probate clerk's recording retention duties (R.I. Gen. Laws 8-9-7). |
| Name changes | Johnston's local rules say every name-change petitioner is subject to a criminal record check through the Rhode Island Attorney General's Office. |
Recent updates
Scenarios
| Situation | Likely Johnston path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | If every interested party can sign PC-9.1, the opening petition on Johnston's schedule drops from $124.00 without a waiver to $34.00 with a waiver, accessed September 1, 2026. If real estate title needs probate action, use the regular Johnston filing path, not the voluntary informal route under R.I. Gen. Laws 33-24. | Sunset helps inventory accounts, identify debts and generate a filing packet so the spouse can tell whether full probate is needed for estate settlement. |
| Out-of-state adult child with a small estate | If the child lives in New York and the Rhode Island decedent died without a will, that child cannot serve as voluntary administrator because R.I. Gen. Laws 33-24-1 requires the affiant to be a Rhode Island resident. If the child is named executor in a will, section 33-24-2 can allow the voluntary executor route with a resident agent on PC-3.5. Johnston prices each voluntary informal route at $39.00 with appointment included, accessed September 1, 2026, and receives filings by mail at 1385 Hartford Avenue. | Sunset helps determine whether the known assets fit the smaller route, prepares the Johnston packet and helps the family find a Rhode Island resident agent or attorney when needed. |
| Parent settling a predeceased child's estate, home must be sold | Real property takes the estate out of the voluntary informal route under R.I. Gen. Laws 33-24. Johnston's schedule lists a petition to sell real estate at $124.00, accessed September 1, 2026. The accounting is $90.00 on the same schedule, and Johnston's local rules will not allow the clerk to accept an account without an attorney certification. | Sunset helps find accounts, organize the home-sale probate steps, generate the estate settlement documents and connect the parent with a Johnston probate attorney. |
Self-help resources
| Resource | What it provides | Link |
|---|---|---|
| Johnston Probate Court | Two addresses, the mailing warning, the session line, probate phone number, and links to the town fee schedule, rules and annual calendars | https://www.johnstonri.gov/1262/Probate-Court |
| Johnston Town Clerk | The department that keeps probate records and administers the probate court, with the general line and probate line. The town clerk serves as clerk of the probate court under R.I. Gen. Laws 8-9-6. | https://www.johnstonri.gov/1186/Town-Clerk |
| Johnston Probate Court fee schedule | Johnston's probate fee list, including opening petitions with and without waiver, voluntary informal filings, accountings, copies and certifications | https://www.johnstonri.gov/DocumentCenter/View/466/Probate-Fees |
| Johnston Probate Court rules of practice and procedure, 2025 to 2027 term | Johnston's local administrative rules under R.I. Gen. Laws 33-22-29, including advertising and waiver deadlines, certified-copy requirements and account acceptance rules | https://www.johnstonri.gov/DocumentCenter/View/465/Probate-Rules-2025-2027-Term |
| Johnston Probate Court 2026 calendar | Johnston's dated list of 2026 probate session dates | https://www.johnstonri.gov/DocumentCenter/View/439/Probate-Court-Schedule-2026 |
| Rhode Island Secretary of State probate forms | The statewide PC form 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 Johnston probate decree, with Providence and Bristol counties served together 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 return and lien-discharge information for estates that need a Notice of No Tax Due before the 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
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank, brokerage, retirement, insurance and other accounts before they choose a Johnston Probate Court path. A better asset list makes the petition estimate, notice plan and estate settlement timeline more reliable.
Generate the probate packet. Sunset can turn the information you collect into a Johnston-ready packet using Rhode Island's statewide PC forms, with the local filing address, waiver question and Johnston fee notes built in.
Find a local probate attorney. When a Johnston matter needs an account, a real-estate sale, a contested hearing or an out-of-state fiduciary, Sunset can connect the family with a Rhode Island probate attorney who handles municipal probate practice.
Sunset is free for families. Families can use Sunset to organize estate settlement, find assets and prepare for probate without paying Sunset.
Frequently asked questions
Where do I file probate papers for someone who lived in Johnston?
File with the Town Clerk's Department at Johnston Town Hall, 1385 Hartford Avenue, Johnston, RI 02919. Do not mail probate papers to the Johnston Municipal Court at 1600 Atwood Avenue, because Johnston says mail sent to the courtroom address will delay processing. The town clerk is the clerk of the probate court under R.I. Gen. Laws 8-9-6.
When does the Johnston Probate Court meet?
Johnston sessions normally begin at 8:15 a.m. on the second and fourth Tuesday of each month at the Johnston Municipal Court, 1600 Atwood Avenue. The schedule is part of Johnston's local administrative rules under R.I. Gen. Laws 33-22-29. Check the town's published calendar or call 401-553-8833 before traveling, because the court reserves the right to meet on a different day if necessary.
Can I file a Johnston probate case online?
Plan on a paper filing. Johnston's website does not offer electronic filing for probate, and Rhode Island probate statutes assume written papers, an original will when there is one, and a fee paid before filing with a written receipt under R.I. Gen. Laws 33-22-21. File in person or by mail at 1385 Hartford Avenue.
Can I look up a Johnston probate case online?
The town of Johnston does not publish an online probate index. Rhode Island's court records portal covers the state Judiciary's own courts, which are the Supreme, Superior, Family, District and Workers' Compensation Courts and the Traffic Tribunal. It does not index the municipal probate courts, because they are not part of the Judiciary. Probate records are kept by the town clerk of Johnston (R.I. Gen. Laws 8-9-7), and they are public records. Ask the town clerk's office for copies; Johnston's schedule lists copies at $1.50 per page and certification at $3.00, accessed September 1, 2026, matching R.I. Gen. Laws 33-22-21.
How much does it cost to open probate in Johnston?
The statewide fee is one percent of the decedent's personal property, with a $30 minimum and $1,500 maximum, paid before filing on your estimate and later revised against the inventory (R.I. Gen. Laws 33-22-21). The $30 and $1,500 figures have been unchanged since at least 1996. Johnston also adds local records and advertising charges. On Johnston's schedule, retrieved September 1, 2026, an opening petition is $34.00 with a waiver and $124.00 without one.
What are Johnston's filing deadlines before a hearing?
Johnston's local rules require matters needing publication to be filed, with fees paid, by the Thursday before the week of publication. The publication itself is required by R.I. Gen. Laws 33-22-11. Matters on waiver must be filed at least 48 hours before the hearing unless the probate judge allows otherwise. Use PC-9.1 Waiver or Advertising for the waiver process under section 33-22-11.
Do I have to travel to Johnston for every probate step?
Not always. The main travel lever is the waiver: if all interested parties sign the waiver under R.I. Gen. Laws 33-22-11, publication may fall away and Johnston's local rules allow some filings to be handled administratively. For example, Johnston's rules say an affidavit of complete administration and the small-estate filings under R.I. Gen. Laws 33-24 do not appear on the court docket and are handled in the probate clerk's office.
Does Johnston have its own probate forms?
Johnston does not publish its own probate form. Rhode Island probate forms are statewide and free under R.I. Gen. Laws 33-22-16, and Johnston's rule 17 makes those statewide forms mandatory. The Secretary of State publishes the PC form catalogue at https://www.sos.ri.gov/divisions/business-services/probate-forms/.
What if I disagree with a Johnston probate decree?
An appeal from a Johnston decree goes to the Superior Court, with Providence and Bristol counties served together (R.I. Gen. Laws 33-23-1). The first step, the claim of appeal on statewide form PC-9.3, is filed with the Johnston town clerk as clerk of the probate court. The statutory deadlines are short and jurisdictional, so act promptly and see the Rhode Island state page or a probate attorney for the appeal windows.
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