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North Smithfield Probate Court, RI Probate Information
Quick facts
| Item | North Smithfield Probate Court information |
|---|---|
| Court | North Smithfield Probate Court |
| Where to file | North Smithfield Town Hall, Town Clerk's Office, 83 Greene Street, North Smithfield, RI 02896. The town clerk of North Smithfield is the clerk of the probate court under R.I. Gen. Laws 8-9-6. |
| Phone | (401) 767-2200, extension 324 |
| Fax | (401) 356-4057 |
| No role mailbox is published for probate. Reach the probate clerk's office by phone at (401) 767-2200, extension 324. | |
| Clerk's office hours | Monday through Wednesday, 8:00 a.m. to 4:00 p.m.; Thursday, 8:00 a.m. to 7:00 p.m.; Friday, 8:00 a.m. to 12:00 p.m. Call before traveling on a holiday or near a filing cutoff. |
| Court session | North Smithfield Probate Court is in session at 1:00 p.m. on the first Wednesday of every month in the Council Chambers at North Smithfield Town Hall. Local administrative rules must include session dates and times under R.I. Gen. Laws 33-22-29. |
| Cost to file | 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 statutory amounts are current under R.I. Gen. Laws 33-22-21, last amended in 2014 with the amounts left unchanged. North Smithfield adds its own records and advertising charges under R.I. Gen. Laws 33-22-11; on the town schedule updated October 2024, an opening will or administration petition is $174.00 without a waiver and $109.00 with a waiver. The one percent is recalculated against the inventory and the difference is billed or refunded. |
| Forms | Rhode Island probate forms are statewide and free under R.I. Gen. Laws 33-22-16. North Smithfield links the Secretary of State probate form catalogue at www.sos.ri.gov/divisions/business-services/probate-forms/. |
| Electronic filing | Plan on a paper filing. North Smithfield's website offers no probate electronic filing, and the statutes assume paper: a petition must be in writing and signed, the original will must reach the court, and the clerk issues a written receipt under R.I. Gen. Laws 33-22-21. |
| Case lookup | North Smithfield's town site does not publish an online probate index. Probate records are kept by the town clerk's office under R.I. Gen. Laws 8-9-7, so a search starts with the clerk. |
| Video or phone hearing | North Smithfield's probate materials do not publish a video or phone appearance procedure. Call the probate clerk before relying on anything other than the scheduled Council Chambers session. |
| Website | www.nsmithfieldri.gov/170/Town-Clerk |
Before you begin — know the assets and liabilities
Before you file anything in North Smithfield, list what the person owned, how each asset was titled, and what debts or final bills are known. Rhode Island's filing cost depends on the personal-property estimate you put on the petition under R.I. Gen. Laws 33-22-21, and North Smithfield recalculates that amount when the inventory is filed under R.I. Gen. Laws 33-9-1.
Sunset's estate settlement process starts with asset discovery across more than 2,300 institutions, then turns that information into a probate packet for the correct local court. That matters in North Smithfield because the town's rules require careful notice, fee payment before hearing, and a filed death certificate before letters testamentary or letters of administration issue.
Which court handles jurisdiction
File where the decedent lived. If the decedent's home was in North Smithfield, the North Smithfield 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 Smithfield or another nearby municipality, that municipality's own probate court is the place to file.
Rhode Island has no county probate courts and no county government. The North Smithfield Probate Court is the court for the town of North Smithfield and for no other municipality under R.I. Gen. Laws 8-9-9. North Smithfield 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.
The jurisdiction process
- Build the asset and debt list first. The petition asks for an estimate, and the statutory fee is one percent of personal property with a $30 minimum and a $1,500 maximum under R.I. Gen. Laws 33-22-21. Those statutory amounts are current under the statute as last amended in 2014 with the dollar amounts left unchanged.
- Use the statewide PC forms. Rhode Island probate forms are prescribed statewide and furnished without charge under R.I. Gen. Laws 33-22-16. North Smithfield local rule 24 makes the statewide forms the default whenever practicable.
- File at the Town Clerk's Office at North Smithfield Town Hall, 83 Greene Street, North Smithfield, RI 02896. The town clerk of North Smithfield serves as clerk of the probate court under R.I. Gen. Laws 8-9-6.
- Pay before the filing is accepted. On North Smithfield's probate fee schedule updated October 2024, an opening petition to probate a will or for administration is $174.00 without a waiver and $109.00 with a waiver. State law also requires the statutory one percent fee to be revised when the estimate is corrected, with a further payment or refund under R.I. Gen. Laws 33-22-21.
- Decide whether every interested person can sign a waiver. A waiver is the main way to reduce cost and avoid newspaper advertising under R.I. Gen. Laws 33-22-11 and the notice provisions in R.I. Gen. Laws 33-22. In North Smithfield, the October 2024 town schedule makes the waiver difference $65.00 on either an opening will petition or an administration petition.
- Meet the local publication cutoff if notice by newspaper is needed. North Smithfield local rule 22 says matters requiring advertising under R.I. Gen. Laws 33-22-11 should be filed, with fees paid, no later than the previous Wednesday of the week of publication.
- Bring or send the death certificate. North Smithfield local rule 17 says the court may hold a hearing without the death certificate on file, but letters testamentary or letters of administration will not issue until it is filed.
- Attend the scheduled session. North Smithfield Probate Court is in session at 1:00 p.m. on the first Wednesday of each month in the Council Chambers at North Smithfield Town Hall, and local administrative rules must include session dates and times under R.I. Gen. Laws 33-22-29. Formal and uncontested matters are heard before contested matters, and special sessions for contested matters carry no additional charge under R.I. Gen. Laws 33-22-30.
- After appointment, order certificates from the probate clerk. A certificate of appointment costs $5.00 under North Smithfield's October 2024 schedule and R.I. Gen. Laws 33-22-21, and banks or transfer agents may each want one.
- File the inventory on time. Rhode Island requires the inventory within 90 days after appointment unless the court allows more time, under R.I. Gen. Laws 33-9-1. North Smithfield local rule 26 says this requirement is strictly enforced and an extension must be requested by petition.
- Handle claims, tax, and accounting before closing. North Smithfield local rule 16 requires a creditor-notice affidavit before a final account or affidavit of complete administration is accepted, and creditor claims are governed by R.I. Gen. Laws 33-11-5. Before the final account is allowed, the court must see that the Rhode Island estate tax has been paid, extended, or determined not to apply under R.I. Gen. Laws 44-23-36.
- Close the estate. North Smithfield local rule 11 requires every account to be certified by the fiduciary and the fiduciary's attorney as cited in that rule, and local rule 31 requires releases from everyone entitled to a share, the paid funeral bill, and the estate tax release before closing by affidavit of complete administration.
Executor duties
North Smithfield adds several practical duties through its local rules. Rule 11 requires every account to be certified by the fiduciary and the fiduciary's attorney as cited in the rule, and accounts showing real-estate sale proceeds must include the relevant portion of the HUD closing disclosure plus relevant bank statements.
Rule 16 requires claims to be filed under R.I. Gen. Laws 33-11-4 and requires a fiduciary affidavit of notice before the court accepts a final account or affidavit of complete administration. Creditor timing is governed by R.I. Gen. Laws 33-11-5.
Rule 31 requires a release from everyone entitled to a share before closing by affidavit of complete administration, together with the paid funeral bill and the estate tax release. The final account tax gate comes from R.I. Gen. Laws 44-23-36.
Forms and documents
Probate forms at the North Smithfield 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. North Smithfield uses the same PC-series forms as every other Rhode Island probate court, and local rule 24 says the statewide forms must be used whenever practicable.
Use the current Secretary of State probate forms page at www.sos.ri.gov/divisions/business-services/probate-forms/. North Smithfield's main Town Clerk page links that current catalogue. If no statewide form exists for a particular request, North Smithfield local rule 24 allows a miscellaneous petition or a pleading in a format the court will accept.
| Need | Common form | North Smithfield note |
|---|---|---|
| Open an intestate estate | PC-1.1 Administration Petition, tied to R.I. Gen. Laws 33-8-8 | File with the Town Clerk's Office at Town Hall. |
| Open a will estate | PC-1.5 Petition for Probate of Will | The original will must reach the court before authority issues. |
| Voluntary informal administrator | PC-1.10, tied to R.I. Gen. Laws 33-24-1 | North Smithfield's October 2024 fee schedule lists this at $39.00. |
| Voluntary informal executor | PC-1.9, tied to R.I. Gen. Laws 33-24-2 | North Smithfield's October 2024 fee schedule lists this at $39.00. |
| Out-of-state named executor | PC-3.5 Appointment of Agent, tied to R.I. Gen. Laws 33-24-2 | Use when the named executor must appoint a resident agent. |
| Waiver of notice or publication | PC-9.1 Waiver or Advertising, tied to R.I. Gen. Laws 33-22-11 | A full waiver can reduce the North Smithfield opening filing cost under R.I. Gen. Laws 33-22. |
| Claim of appeal | PC-9.3 Claim of Appeal, tied to R.I. Gen. Laws 33-23-1 | The first appeal step is filed with the probate clerk within 20 days after execution of the decree. |
| Complete administration | PC-7.3 Affidavit - Complete Administration, priced under R.I. Gen. Laws 33-22-21 | North Smithfield local rules require supporting releases, creditor notice, and estate tax materials before closing. |
Fees
North Smithfield publishes its own probate fee schedule, updated October 2024. These local amounts sit on top of the statewide statutory framework in R.I. Gen. Laws 33-22-21 and the newspaper advertising rule in R.I. Gen. Laws 33-22-11.
| Filing or service | Amount on North Smithfield schedule updated October 2024 |
|---|---|
| Petition for probate of will, no waiver | $174.00 |
| Petition for probate of will, with waiver under R.I. Gen. Laws 33-22 | $109.00 |
| Administration petition, no waiver | $174.00 |
| Administration petition, with waiver under R.I. Gen. Laws 33-22 | $109.00 |
| Petition for guardianship | $174.00 |
| Accountings | $70.00 advertising fee under R.I. Gen. Laws 33-22-11 |
| Petition to sell real estate | $70.00 advertising fee under R.I. Gen. Laws 33-22-11 |
| Affidavit of complete administration | $39.00 |
| Petition for change of name | $39.00 |
| Petition to file will with no assets | $39.00 |
| Voluntary informal executor under R.I. Gen. Laws 33-24-2 | $39.00 |
| Voluntary informal administration under R.I. Gen. Laws 33-24-1 | $39.00 |
| Inventory charge | One percent of the value of the estate, minus the $30 filing fee, as described on the town schedule and governed by R.I. Gen. Laws 33-22-21 |
| Certificate of appointment | $5.00 under R.I. Gen. Laws 33-22-21 |
| Copies | $1.50 per page under R.I. Gen. Laws 33-22-21 |
| Certification of copies | $3.00 per page plus $1.50 per page, as printed on the October 2024 town schedule and tied to R.I. Gen. Laws 33-22-21 |
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 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 under R.I. Gen. Laws 33-22-21. Two things about that fee 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 fee to be revised when the estimate turns out to be wrong, with a further payment or a refund, and North Smithfield recalculates it against the inventory you file within 90 days of your appointment under R.I. Gen. Laws 33-9-1. Second, the statutory fee is not the whole cost. Most petitions that need notice have to be advertised in a newspaper for two weeks, and the cost of that advertising is paid to the clerk in advance under R.I. Gen. Laws 33-22-11. If every interested party signs a waiver under R.I. Gen. Laws 33-22, the advertising requirement and its cost can fall away. A separate $30 fee applies under R.I. Gen. Laws 33-22-21 to a list of other petitions, including filing a will with no probate, an affidavit of complete administration, and a petition to file a claim out of time under R.I. Gen. Laws 33-11-5. Each certificate of appointment costs $5.00 under R.I. Gen. Laws 33-22-21. Copies of anything on file are $1.50 a page, with a $3 charge to certify under R.I. Gen. Laws 33-22-21.
Timeline
- Before filing, choose the next realistic hearing date. North Smithfield Probate Court is in session at 1:00 p.m. on the first Wednesday of each month, and local administrative rules must state session dates and times under R.I. Gen. Laws 33-22-29.
- If the petition requires newspaper advertising under R.I. Gen. Laws 33-22-11, file the matter and pay the fees no later than the previous Wednesday of the week of publication, as required by North Smithfield local rule 22.
- If every interested party signs a waiver under R.I. Gen. Laws 33-22, the opening petition moves on the town's October 2024 schedule from $174.00 to $109.00, and the advertising under R.I. Gen. Laws 33-22-11 may be avoided.
- At the hearing, formal and uncontested matters are called before contested matters. Contested matters may be held to the end of the calendar or set for a special session without extra charge under R.I. Gen. Laws 33-22-30.
- After appointment, file the inventory within 90 days unless the court allows more time under R.I. Gen. Laws 33-9-1. North Smithfield local rule 26 says this requirement is strictly enforced.
- Check the town's annual schedule before traveling. The 2026 calendar keeps the first-Wednesday pattern except that the November 2026 session is listed for Thursday, November 12, 2026 because of the November election.
Local nuance
North Smithfield-specific considerations
| Local point | What it means in North Smithfield |
|---|---|
| Separate from Smithfield | North Smithfield is its own town and has its own probate court. Do not use Smithfield forms, schedules, or contact information for a North Smithfield estate. |
| Friday noon closing | The Town Clerk's Office is open Friday only until 12:00 p.m. Plan filings around the early close, especially if a publication deadline under R.I. Gen. Laws 33-22-11 is approaching. |
| Published local administrative rules | North Smithfield has a 35-rule local code effective June 1, 2018. The local administrative rules are issued under R.I. Gen. Laws 33-22-29 and cover the docket, continuances, notices, recordings, accounts, claims, inventories, and real-estate sale petitions. |
| Hearing recordings | North Smithfield local rule 10 says the court electronically records every hearing at every session. A copy costs $35.00 under the rule effective June 1, 2018, and recordings are kept for one year under R.I. Gen. Laws 8-9-7. |
| Death certificate gate | North Smithfield local rule 17 allows a hearing before the death certificate is on file, but letters testamentary or letters of administration will not issue until it is filed. |
| Real-estate sale petitions | North Smithfield local rule 29 requires a fully executed purchase and sale agreement. If an interested party is the buyer or mortgagee, the rule requires an independent appraisal. |
Small-estate Alternatives
North Smithfield's local fee schedule updated October 2024 lists both voluntary informal administration under R.I. Gen. Laws 33-24-1 and voluntary informal executor under R.I. Gen. Laws 33-24-2 at $39.00. The statewide eligibility rules in R.I. Gen. Laws 33-24 still control, including the $15,000 figure in force since 2005 under R.I. Gen. Laws 33-24-1 and P.L. 2005, ch. 389, the tangible personal property exclusion under R.I. Gen. Laws 33-24-1, and the resident-agent requirement for an out-of-state named executor under R.I. Gen. Laws 33-24-2.
Recent updates
| Update | North Smithfield detail |
|---|---|
| Fee schedule | The town probate fee schedule is marked updated October 2024 and includes the $174.00 and $109.00 opening petition amounts, the $39.00 voluntary informal amounts under R.I. Gen. Laws 33-24, and the $5.00 certificate of appointment under R.I. Gen. Laws 33-22-21. |
| Annual calendar | The town publishes a 2026 probate session calendar. The ordinary first-Wednesday session pattern changes in November 2026, when the listed date is Thursday, November 12, 2026 because of the November election. |
| Local rules | North Smithfield's local administrative rules are marked effective June 1, 2018 and are issued under R.I. Gen. Laws 33-22-29. |
Scenarios
| Situation | Likely North Smithfield path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming whether any asset is titled only in the decedent's name. If a probate petition is needed in North Smithfield, a complete waiver under R.I. Gen. Laws 33-22 can lower the town's October 2024 opening petition amount from $174.00 to $109.00 and avoid advertising under R.I. Gen. Laws 33-22-11. After appointment, order $5.00 certificates of appointment under R.I. Gen. Laws 33-22-21. | Sunset identifies accounts, helps separate probate from non-probate assets, and prepares the local filing path for estate settlement. |
| Out-of-state adult child with 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 a Rhode Island resident affiant. If the child is named executor in a will, R.I. Gen. Laws 33-24-2 can allow the voluntary executor route with a resident agent on PC-3.5 under R.I. Gen. Laws 33-24-2. North Smithfield's October 2024 schedule lists each voluntary informal route under R.I. Gen. Laws 33-24 at $39.00. | Sunset gathers the institution list from outside Rhode Island, flags the resident-agent issue, and helps generate the correct PC forms for the North Smithfield filing. |
| Parent settling predeceased child's estate, home must be sold | Real property takes the estate outside the voluntary informal route under R.I. Gen. Laws 33-24. North Smithfield's October 2024 schedule lists a petition to sell real estate at a $70.00 advertising fee under R.I. Gen. Laws 33-22-11, and local rule 29 requires a fully executed purchase and sale agreement. If an interested party is the buyer, the rule requires an independent appraisal. | Sunset helps find accounts, organize debts, prepare the probate packet, and connect the family with a probate attorney for the sale, accounting, tax release, and estate settlement steps. |
Self-help resources
| Resource | What it provides | How to use it |
|---|---|---|
| North Smithfield Town Clerk | Probate filing location, clerk hours, phone, fax, and links to the town's probate information sheet, fee schedule, local rules, and 2026 calendar. The town clerk is the clerk of the probate court under R.I. Gen. Laws 8-9-6. | www.nsmithfieldri.gov/170/Town-Clerk |
| North Smithfield Probate Court information sheet | Court name, session line, filing address, probate phone, and fax. | www.nsmithfieldri.gov/DocumentCenter/View/1588/Probate-Court-Information |
| North Smithfield Probate Court fee schedule | Town probate charges, marked updated October 2024, including local waiver pricing, advertising charges under R.I. Gen. Laws 33-22-11, and certificate charges under R.I. Gen. Laws 33-22-21. | www.nsmithfieldri.gov/DocumentCenter/View/1527/PROBATE-COURT-FEES |
| North Smithfield Probate Court local administrative rules | The 35-rule local administrative code effective June 1, 2018, issued under R.I. Gen. Laws 33-22-29. | www.nsmithfieldri.gov/DocumentCenter/View/807/Probate-Court-Rules-and-Regulations-PDF |
| North Smithfield Probate Court 2026 schedule | Dated list of 2026 probate sessions, including the November 2026 election-related date change. | www.nsmithfieldri.gov/DocumentCenter/View/1946/2026-Probate-Court-Schedule |
| Rhode Island Secretary of State probate forms | Free statewide probate forms published under R.I. Gen. Laws 33-22-16. | www.sos.ri.gov/divisions/business-services/probate-forms/ |
| Rhode Island Superior Court | Appeals from North Smithfield probate decrees go to Superior Court under R.I. Gen. Laws 33-23-1, with Providence County served in the Providence and Bristol division. | www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx |
| Rhode Island Division of Taxation estate tax | Estate tax return, lien-discharge, and Notice of No Tax Due information tied to R.I. Gen. Laws 44-23 and the final account requirement in R.I. Gen. Laws 44-23-36. | tax.ri.gov/tax-sections/estate-tax |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches for accounts, policies, and balances so the family can build the asset list before filing in North Smithfield. That improves the estimate used for the statutory one percent fee under R.I. Gen. Laws 33-22-21 and supports a smoother estate settlement.
Generate the probate packet. Sunset turns the asset and family information into the Rhode Island PC forms used by the North Smithfield Probate Court, including the correct petition, waiver materials under R.I. Gen. Laws 33-22, and certificate requests under R.I. Gen. Laws 33-22-21.
Find a local probate attorney. If the North Smithfield estate needs a real-estate sale, account certification, creditor work, tax release, or a contested hearing, Sunset can connect the family with a Rhode Island probate attorney who understands municipal probate practice.
Sunset is free for families. Sunset helps families organize estate settlement, prepare next steps, and understand what belongs in probate before they spend money at the courthouse or on professional help.
Frequently asked questions
Where do I file probate for someone who lived in North Smithfield?
File with the Town Clerk's Office at North Smithfield Town Hall, 83 Greene Street, North Smithfield, RI 02896. The town clerk of North Smithfield is the clerk of the probate court under R.I. Gen. Laws 8-9-6, and North Smithfield is the correct court only if the decedent lived in North Smithfield under R.I. Gen. Laws 8-9-9.
Is North Smithfield the same probate court as Smithfield?
No. North Smithfield and Smithfield are separate Rhode Island towns with separate probate courts. If the decedent lived in North Smithfield, use the North Smithfield Probate Court under R.I. Gen. Laws 8-9-9.
When does the North Smithfield Probate Court meet?
North Smithfield Probate Court is in session at 1:00 p.m. on the first Wednesday of every month in the Council Chambers at Town Hall. Local administrative rules must include session dates and times under R.I. Gen. Laws 33-22-29. The town's 2026 calendar lists the November 2026 session on Thursday, November 12, 2026 because of the November election.
Can I file a North Smithfield probate petition electronically?
Plan on paper filing with the Town Clerk's Office. North Smithfield's probate materials do not offer an electronic filing portal, and Rhode Island procedure requires written, signed petitions, an original will when there is one, and payment before filing with a written receipt under R.I. Gen. Laws 33-22-21.
How much does it cost to open probate in North Smithfield?
On North Smithfield's fee schedule updated October 2024, a petition to probate a will or open an administration is $174.00 without a waiver and $109.00 with a waiver under R.I. Gen. Laws 33-22. The statewide statutory fee is also one percent of personal property, with a $30 minimum and a $1,500 maximum, under R.I. Gen. Laws 33-22-21. That amount is based on your estimate and revised against the inventory under R.I. Gen. Laws 33-9-1.
Can I look up a North Smithfield probate case online?
North Smithfield's town site does not publish an online probate index. Probate records are kept by the town clerk's office under R.I. Gen. Laws 8-9-7. Call the probate clerk at (401) 767-2200, extension 324, to ask about a file search or copies.
Does North Smithfield have local probate forms?
North Smithfield uses the statewide Rhode Island probate forms. Those probate forms are published free by the Secretary of State under R.I. Gen. Laws 33-22-16 at www.sos.ri.gov/divisions/business-services/probate-forms/. North Smithfield local rule 24 says statewide forms should be used whenever practicable.
Do I have to travel to North Smithfield for the hearing?
The published session is in the Council Chambers at North Smithfield Town Hall. The practical way to reduce travel and cost is usually a complete waiver under R.I. Gen. Laws 33-22, because North Smithfield's October 2024 schedule lowers an opening petition from $174.00 to $109.00 when the required waiver is filed and advertising under R.I. Gen. Laws 33-22-11 is avoided. Call the probate clerk before assuming any video or phone option.
What happens if someone disagrees with a North Smithfield probate decree?
An aggrieved person has two jurisdictional appeal steps 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 by the probate judge, and the certified claim and reasons of appeal must be filed in the Superior Court within 30 days after entry of the decree. The Superior Court hears the probate appeal de novo 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.