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Lincoln Probate Court, RI Probate Information
Quick facts
| Topic | Details |
|---|---|
| Court | Lincoln Probate Court, the probate court of the town of Lincoln. |
| Where to file | Town clerk's office, Town Hall, 100 Old River Road, Lincoln, RI 02865. The town clerk of Lincoln is the clerk of the probate court under R.I. Gen. Laws 8-9-6. |
| Where hearings are held | Town Council Chambers, Town Hall, 100 Old River Road. |
| Phone | (401) 333-8453 for probate. The general Town Hall number is 401-333-1100. |
| Fax | (401) 333-3648. |
| No role mailbox is published for probate. Reach the probate clerk by phone. | |
| Counter hours | Monday, Tuesday and Wednesday, 8:30 a.m. to 4:30 p.m.; Thursday, 8:30 a.m. to 7:00 p.m.; Friday, 8:30 a.m. to 12:30 p.m. These are Town Hall hours, not court session times. |
| Court sessions | 8:45 a.m. on the fourth Monday of each month in the Town Council Chambers. Lincoln's administrative rules, adopted under R.I. Gen. Laws 33-22-29, say to call the court if the fourth Monday is a holiday. |
| Cost 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, figures unchanged since at least 1996 under R.I. Gen. Laws 33-22-21. Lincoln adds its own records and advertising charges under R.I. Gen. Laws 33-22-11; its September 2026 published schedule lists administration or a will petition at $99.00 on waiver and $164.00 with advertisement. The one percent is recalculated against the inventory under R.I. Gen. Laws 33-9-1 and the difference is billed or refunded. |
| Forms | Statewide PC probate forms are used. The Secretary of State publishes them free under R.I. Gen. Laws 33-22-16, and Lincoln links to that catalogue. |
| Electronic filing | Lincoln's site and rules do not offer electronic filing. Plan on paper filing with the town clerk. Rhode Island probate statutes assume written, signed petitions and prefiling payment under R.I. Gen. Laws 33-22-1 and R.I. Gen. Laws 33-22-21. |
| Case lookup | Lincoln's site does not publish an online probate search tool. Probate records are kept by the probate clerk under R.I. Gen. Laws 8-9-7. |
| Website | https://www.lincolnri.gov/161/Probate-Court |
Before you begin — know the assets and liabilities
Start the estate settlement by listing what the person owned, what was titled only in that person's name, what debts or final expenses exist, and whether Lincoln real estate must be sold. That asset list matters locally because Lincoln's opening payment is only the start: the one percent statutory charge under R.I. Gen. Laws 33-22-21 is recalculated when the inventory is filed under R.I. Gen. Laws 33-9-1.
Sunset can search across 2,300 institutions for accounts, insurance, investments and other assets before you file, so the petition estimate and the later inventory are less likely to miss property. Better asset information makes the Lincoln estate settlement cleaner from the first filing through closing.
Which court handles jurisdiction
Rhode Island probate is municipal. Every one of the state's 39 cities and towns runs its own probate court, and the Lincoln Probate Court is the court for Lincoln alone under R.I. Gen. Laws 8-9-9. The town clerk of Lincoln is the clerk of the probate court under R.I. Gen. Laws 8-9-6.
File where the decedent lived. If the decedent's home was in Lincoln, the Lincoln 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 Lincoln Probate Court is the court for the town of Lincoln and for no other municipality under R.I. Gen. Laws 8-9-9. Lincoln 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 under R.I. Gen. Laws 33-23-1, and the Superior Court sits in four divisions statewide, with Providence and Bristol counties served together, so a Lincoln appeal goes to the Providence/Bristol County division.
The jurisdiction process
- Identify the assets, debts and interested people before filing. The petition asks for an estimate of the personal property, and that estimate drives the payment due before filing under R.I. Gen. Laws 33-22-21.
- Choose the correct statewide PC form. Rhode Island probate forms are prescribed statewide and furnished free through the Secretary of State under R.I. Gen. Laws 33-22-16. Lincoln also says current forms may be obtained through the probate clerk.
- File the paper petition with the town clerk's office at Town Hall, 100 Old River Road, Lincoln, RI 02865. The town clerk of Lincoln is the clerk of the probate court under R.I. Gen. Laws 8-9-6. If an original will is involved, make sure the original reaches the court.
- Pay Lincoln's published September 2026 opening charge and any notice cost. Lincoln lists administration or a will petition at $99.00 on waiver and $164.00 with advertisement. Rhode Island's underlying statutory charge is one percent of personal property, minimum $30 and maximum $1,500, paid before filing on an estimate and later revised under R.I. Gen. Laws 33-22-21. Newspaper advertisement is governed by R.I. Gen. Laws 33-22-11.
- Use waivers where they fit. Lincoln's own September 2026 schedule shows a $65.00 difference between an administration or will petition on waiver and one with advertisement. Waiver and notice are governed by R.I. Gen. Laws 33-22.
- Attend the 8:45 a.m. fourth Monday court session in the Town Council Chambers unless the court tells you otherwise. Lincoln's administrative rules under R.I. Gen. Laws 33-22-29 say representatives of estates sign the probate docket in the town clerk's office on the day of the session; under R.I. Gen. Laws 33-22-30, contested matters are heard after other matters, and special sessions for contested matters carry no extra charge.
- After appointment, ask the probate clerk for certificates of appointment. Rhode Island sets each certificate of appointment at $5.00 under R.I. Gen. Laws 33-22-21. Banks, transfer agents and other holders of property commonly ask for a certificate before dealing with the personal representative.
- File the inventory within 90 days after appointment unless the court allows more time. Lincoln calls the later recalculation its "Inventory Tax," but it is the statutory one percent probate charge under R.I. Gen. Laws 33-22-21, recalculated when the inventory is filed under R.I. Gen. Laws 33-9-1 and netted against the $30 already paid at filing, with Lincoln's September 2026 schedule listing a $1,470.00 maximum for that net amount.
- Handle creditor notice and tax clearance before closing. Claims are tied to the six month period from first publication under R.I. Gen. Laws 33-11-5, and before the Lincoln Probate Court will allow 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. In practice that means getting the Division of Taxation's Notice of No Tax Due for the probate court when required under R.I. Gen. Laws 44-23.
- Close with the proper filing. Lincoln's September 2026 schedule lists a first and final accounting at $99.00 and an affidavit of complete administration at $34.00. Lincoln rule 14 requires releases, the paid funeral bill, the estate tax discharge, claim releases, creditor notice certification and current payment of the filing charge before an affidavit of complete administration is accepted.
Forms and documents
Probate forms at the Lincoln 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 the 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/.
The Lincoln Probate Court uses the same statewide forms as every other Rhode Island probate court. Lincoln's own rule 15 says petitioners must use current forms provided by the probate clerk, the Secretary of State, or the other forms source named in the rule. If a form is not in the online catalogue, ask the Lincoln probate clerk for the court issued version.
Fees
Rhode Island sets probate fees by statute and the same statutory schedule applies in all 39 cities and towns. For a petition to probate a will or to grant administration, the charge 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, figures unchanged since at least 1996 under R.I. Gen. Laws 33-22-21. Two things about that charge surprise people. First, it is due before the petition is filed and it is calculated from an estimate you supply on the petition itself, so the amount you pay at the counter is provisional: the statute requires the amount to be revised when the estimate turns out to be wrong, with a further payment or a refund, and the Lincoln Probate Court recalculates it against the inventory you file within 90 days of your appointment under R.I. Gen. Laws 33-9-1. Second, the statutory schedule is not the whole cost. Most petitions have to be advertised in a newspaper for two weeks, and the cost of that advertisement is paid to the clerk in advance under R.I. Gen. Laws 33-22-11. If every interested party signs a waiver, the advertising requirement and its cost can fall away under R.I. Gen. Laws 33-22.
| Lincoln item | Amount in Lincoln's September 2026 published schedule |
|---|---|
| Administration with advertisement | $164.00 |
| Administration on waiver | $99.00 |
| Will petition with advertisement | $164.00 |
| Will petition on waiver | $99.00 |
| Guardianship | $164.00 |
| Accounts | $99.00 |
| Sale of real estate | $99.00 |
| Change of name | $34.00 |
| Adult adoption, with possible name change | $164.00 |
| Copies | $1.50 per page under R.I. Gen. Laws 33-22-21 |
| Certification | $3.00 plus $1.50 per page under R.I. Gen. Laws 33-22-21 |
| Certificate of appointment | $5.00 under R.I. Gen. Laws 33-22-21 |
| Copy of change of name decree | $5.00 |
| File and record will only | $34.00 |
| Voluntary informal petitions under R.I. Gen. Laws 33-24 | $39.00 |
| Affidavit of complete administration | $34.00 |
| First and final accounting | $99.00 |
| All other petitions | $34.00 |
| Inventory Tax label used by Lincoln | One percent of the personal estate under R.I. Gen. Laws 33-22-21, less the $30.00 filing amount already paid, minimum $30.00 and maximum $1,470.00 in Lincoln's September 2026 schedule |
Lincoln's "Inventory Tax" label is local wording for the R.I. Gen. Laws 33-22-21 probate charge recalculated at inventory. It is not the Rhode Island estate tax administered by the Division of Taxation under R.I. Gen. Laws 44-22 and R.I. Gen. Laws 44-23.
Timeline
- Before filing, assemble the asset estimate. The one percent probate charge is based on estimates submitted with the petition and later revised under R.I. Gen. Laws 33-22-21.
- For a matter that needs newspaper notice, build in the statutory publication time. Notice by advertisement must be published once a week for at least two weeks, with the first publication at least 14 days before the first hearing date under R.I. Gen. Laws 33-22-11.
- File before the monthly court date. Lincoln does not publish a fixed filing cutoff for advertised matters, so call the probate clerk before targeting a fourth Monday session.
- On the day of court, sign the probate docket in the town clerk's office. Lincoln's rules under R.I. Gen. Laws 33-22-29 set the fourth Monday session at 8:45 a.m.; R.I. Gen. Laws 33-22-30 puts contested matters after other matters.
- After appointment, file the inventory within 90 days unless the court allows more time under R.I. Gen. Laws 33-9-1. Lincoln recalculates the one percent charge under R.I. Gen. Laws 33-22-21 against that inventory.
- Creditor claims are presented within six months from first publication or are forever barred, subject to statutory exceptions under R.I. Gen. Laws 33-11-5.
- Before closing, address the Rhode Island estate tax position. The final account cannot be allowed unless the tax has been paid, extended or determined not to apply under R.I. Gen. Laws 44-23-36.
Local nuance
Lincoln-specific considerations
| Local point | What it means in Lincoln |
|---|---|
| Inventory Tax label | Lincoln uses this label for the statutory one percent probate charge under R.I. Gen. Laws 33-22-21 as recalculated at the inventory under R.I. Gen. Laws 33-9-1. It is not the separate Rhode Island estate tax under R.I. Gen. Laws 44-22 and R.I. Gen. Laws 44-23. |
| Docket sign-in | Lincoln's administrative rules under R.I. Gen. Laws 33-22-29 require those representing estates to sign the probate docket in the town clerk's office on the day of the session. Contested matters are heard at the end, consistent with R.I. Gen. Laws 33-22-30. |
| Recording copies | Lincoln rule 4 says electronic recordings may be made at the request of the probate judge or a party, and copies of tapes cost $35.00 per tape in the rules dated August 23, 2017 and amended February 26, 2018. The probate clerk's recording duties are governed by R.I. Gen. Laws 8-9-7. |
| Guardian ad litem cap | Lincoln rule 10 says guardian ad litem fees are limited to the state maximum of $800.00 unless the probate judge authorizes more for cause shown. This is Lincoln's published rule. |
| Notary detail | Lincoln rule 16 says notarized signatures must contain the notary's written and printed name. |
| Closing packet | Lincoln rule 14 requires original releases of legatees, copies of the paid funeral bill, the estate tax discharge, claim releases, creditor notice certification and current payment before an affidavit of complete administration is accepted. Creditor notice is tied to R.I. Gen. Laws 33-11-5 and estate tax clearance to R.I. Gen. Laws 44-23-36. |
| Change of name amount | Lincoln's live September 2026 fee schedule lists change of name at $34.00. Use the live schedule, not the older handout amount. |
Recent updates
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | If the home passed outside probate and the spouse can obtain waivers from every interested person, Lincoln's September 2026 schedule lists administration or a will petition on waiver at $99.00 instead of $164.00 with advertisement. Waiver and notice are governed by R.I. Gen. Laws 33-22, and advertisement by R.I. Gen. Laws 33-22-11. | Sunset helps identify which accounts still need court authority and which assets may pass outside the estate settlement. |
| Out-of-state adult child w/ small estate | An out-of-state child of an intestate Rhode Island decedent cannot act as voluntary administrator under R.I. Gen. Laws 33-24-1 because that route 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, and Lincoln's September 2026 schedule lists voluntary informal petitions under R.I. Gen. Laws 33-24 at $39.00. | Sunset helps sort whether the estate qualifies for the R.I. Gen. Laws 33-24 path, prepares the asset list, and helps find a Rhode Island contact when a resident agent is needed under R.I. Gen. Laws 33-24-2. |
| Parent settling predeceased child's estate, home must be sold | Real property takes the matter out of the R.I. Gen. Laws 33-24 voluntary informal route. Lincoln's September 2026 schedule lists a sale of real estate petition at $99.00, and the estate must also address the Rhode Island estate tax lien and Notice of No Tax Due process under R.I. Gen. Laws 44-23-12 and R.I. Gen. Laws 44-23-36 before closing or sale issues are fully resolved. | Sunset helps find the accounts, generate a probate packet for the Lincoln Probate Court, and connect the family with local counsel for the sale petition and estate settlement. |
Self-help resources
| Resource | What it provides | How to use it |
|---|---|---|
| Lincoln Probate Court | Session schedule, jurisdiction summary, the town's September 2026 fee list, and links to local rules and statewide probate forms under R.I. Gen. Laws 33-22-16. | Use it to confirm the fourth Monday session and call (401) 333-8453 before filing near a holiday. |
| Administrative Rules of the Lincoln Probate Court | Lincoln's 17 local administrative rules under R.I. Gen. Laws 33-22-29, dated August 23, 2017 and amended February 26, 2018. | Read the docket sign-in rule, certification requirements, inventory rule under R.I. Gen. Laws 33-9-1 and closing packet rule before the hearing. |
| Rhode Island Secretary of State probate forms | The statewide PC probate forms furnished free under R.I. Gen. Laws 33-22-16. | Download the opening petition, waiver, appointment, account and closing forms before contacting the Lincoln probate clerk. |
| Rhode Island Superior Court | The Providence/Bristol County division hears appeals from Lincoln Probate Court decrees under R.I. Gen. Laws 33-23-1. | Use it only if you are dealing with an appeal. The first appeal step still starts at the Lincoln probate clerk under R.I. Gen. Laws 33-23-1. |
| Rhode Island Division of Taxation, estate tax | Estate tax return, lien discharge and Notice of No Tax Due information under R.I. Gen. Laws 44-22 and R.I. Gen. Laws 44-23. | Use it for RI-706, T-77 for real property and T-79 for Rhode Island securities when the estate settlement needs tax clearance. |
When to hire an attorney
Consider Rhode Island probate counsel if the estate has real property to sell, a dispute among heirs, a late creditor claim under R.I. Gen. Laws 33-11-5, a tax lien issue under R.I. Gen. Laws 44-23, or an accounting that must satisfy Lincoln's local certification rule. Counsel is especially practical when the estate settlement involves a sale of real estate, a contested hearing or a final account. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families locate bank accounts, investments, insurance, retirement accounts and other property so the Lincoln petition, inventory and estate settlement start from a better asset list.
Generate the probate packet. Sunset turns the information you provide into a probate-ready packet using Rhode Island's statewide PC forms under R.I. Gen. Laws 33-22-16 and the local filing details for the Lincoln Probate Court.
Find a local probate attorney. When a Lincoln matter involves a house sale, creditor dispute, accounting issue, appeal under R.I. Gen. Laws 33-23-1 or tax clearance under R.I. Gen. Laws 44-23, Sunset can connect the family with a Rhode Island probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand the local filing path and decide what help they need without paying Sunset.
Frequently asked questions
Where do I file probate for someone who lived in Lincoln?
File with the town clerk's office at Town Hall, 100 Old River Road, Lincoln, RI 02865. The Lincoln Probate Court is the court for the town of Lincoln under R.I. Gen. Laws 8-9-9, and the town clerk is the clerk of the probate court under R.I. Gen. Laws 8-9-6.
When does the Lincoln Probate Court meet?
Lincoln's administrative rules under R.I. Gen. Laws 33-22-29 set sessions for 8:45 a.m. on the fourth Monday of each month in the Town Council Chambers at Town Hall. The rules say to call the court for the date if the fourth Monday is a holiday.
Does Lincoln have online probate filing?
Lincoln's probate page and rules do not offer electronic filing. Plan on a paper filing with the town clerk. Rhode Island probate statutes require written, signed petitions and prefiling payment under R.I. Gen. Laws 33-22-1 and R.I. Gen. Laws 33-22-21.
Can I look up a Lincoln probate case online?
Lincoln's site does not publish an online probate search tool. Probate records are kept by the probate clerk under R.I. Gen. Laws 8-9-7, so call the Lincoln probate clerk at (401) 333-8453 for record access.
How much does it cost to open probate in Lincoln?
Rhode Island's statutory schedule charges one percent of the decedent's personal property, minimum $30 and maximum $1,500, paid before filing on an estimate and revised later under R.I. Gen. Laws 33-22-21. Lincoln's September 2026 published schedule lists administration or a will petition at $99.00 on waiver and $164.00 with advertisement, and newspaper advertisement is governed by R.I. Gen. Laws 33-22-11.
What is Lincoln's Inventory Tax?
It is Lincoln's local label for the statutory one percent probate charge under R.I. Gen. Laws 33-22-21 when recalculated against the inventory filed under R.I. Gen. Laws 33-9-1. It is not the Rhode Island estate tax under R.I. Gen. Laws 44-22 and R.I. Gen. Laws 44-23.
Do I have to travel to Lincoln for the hearing?
Lincoln does not publish a probate video or telephone appearance option. If all interested people sign waivers under R.I. Gen. Laws 33-22, the matter may avoid some notice cost, but you should call the probate clerk before planning travel or assuming how the hearing will be handled.
What if I disagree with a Lincoln Probate Court decree?
Appeals are governed by R.I. Gen. Laws 33-23-1. The first step is a claim of appeal filed with the Lincoln probate clerk within 20 days after execution of the order or decree by the probate judge, and the certified claim and reasons of appeal must then be filed in the Superior Court within 30 days after entry. Both deadlines are jurisdictional and may not be extended, 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.