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Portsmouth Probate Court, RI Probate Information
Quick facts
| Topic | Portsmouth detail |
|---|---|
| Court | Portsmouth Probate Court |
| Filing office | Portsmouth Town Hall, 2200 East Main Road, Portsmouth, RI 02871. The town clerk of Portsmouth is the clerk of the probate court under R.I. Gen. Laws 8-9-6. |
| Where sessions are held | Portsmouth Town Council Chambers at Portsmouth Town Hall, 2200 East Main Road, Portsmouth, RI 02871. |
| Phone | 401-683-2101 |
| Fax | 401-683-6804 |
| [email protected] | |
| Counter hours | Monday through Wednesday, 8:30 a.m. to 4:30 p.m.; Thursday, 8:30 a.m. to 6:30 p.m.; Friday, 8:30 a.m. to 2:30 p.m. These are Town Hall counter hours, not court session hours. |
| Court sessions | Second Tuesday of each month at 8:30 a.m. in the Portsmouth Town Council Chambers. Portsmouth's local administrative rules state the session schedule required by R.I. Gen. Laws 33-22-29 and allow special hearings at the court's discretion. |
| Filing charge | 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, figures unchanged since at least 1996). Portsmouth's fee document dated February 9, 2026 adds a $4 records surcharge, making the local minimum $34 and local maximum $1,504, plus $54 pendency advertising and $130 qualification advertising when required under R.I. Gen. Laws 33-22-11. The one percent is recalculated against the inventory under R.I. Gen. Laws 33-9-1 and the difference is billed or refunded. |
| Forms and checklist | Rhode Island probate forms are statewide and free through the Secretary of State under R.I. Gen. Laws 33-22-16. Portsmouth also publishes a local filing and fee information document that functions as a checklist. |
| Electronic filing | Paper filing. The Portsmouth Probate Court website does not offer electronic filing, and the statutes assume paper: a petition must be in writing and signed under R.I. Gen. Laws 33-22-1, the original will has to reach the court under R.I. Gen. Laws 33-24-2, and the fee is paid before the petition is filed under R.I. Gen. Laws 33-22-21. |
| Online lookup | The town's probate page does not link an online case search. Probate records are kept by the town clerk of Portsmouth under R.I. Gen. Laws 8-9-7. |
| Website | https://www.portsmouthri.gov/155/Probate-Court |
Before you begin — know the assets and liabilities
Before you file in Portsmouth, build a working list of the decedent's accounts, debts, vehicles, real estate, and beneficiary designations. The estimated personal property value you put on the petition affects the amount due under R.I. Gen. Laws 33-22-21, and Portsmouth later recalculates that amount against the inventory filed under R.I. Gen. Laws 33-9-1.
Sunset's estate settlement tools help families search across 2,300 institutions, organize liabilities, and identify which assets may need a Portsmouth probate filing. That asset picture also tells you whether to use a full estate petition, a voluntary informal filing under R.I. Gen. Laws 33-24, or a real-estate sale petition.
Which court handles jurisdiction
File where the decedent lived. If the decedent's home was in Portsmouth, the Portsmouth 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 court to contact.
Rhode Island has no county probate courts and no county government. The Portsmouth Probate Court is the court for the town of Portsmouth and for no other municipality under R.I. Gen. Laws 8-9-9. Portsmouth is in Newport 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 Newport County as its own division.
The jurisdiction process
- List the assets and debts before choosing a path. The petition asks for an estimate of personal property, and Rhode Island uses that estimate to compute the opening payment under R.I. Gen. Laws 33-22-21.
- Get the statewide PC forms from the Rhode Island Secretary of State, which provides probate forms without charge under R.I. Gen. Laws 33-22-16. Then compare your filing to Portsmouth's local filing and fee information document dated February 9, 2026, because it lists supporting items by petition type.
- File with the town clerk of Portsmouth at Portsmouth Town Hall, 2200 East Main Road, Portsmouth, RI 02871. The town clerk serves as clerk of the probate court under R.I. Gen. Laws 8-9-6.
- Pay before the petition is filed. For a will or administration petition, Rhode Island charges one percent of the personal property, with a $30 minimum and $1,500 maximum under R.I. Gen. Laws 33-22-21, figures unchanged since at least 1996. Portsmouth's February 9, 2026 schedule adds a $4 records surcharge and, when notice by advertisement is required under R.I. Gen. Laws 33-22-11, $54 pendency advertising and $130 qualification advertising.
- Use waivers when every interested person can sign. A waiver under R.I. Gen. Laws 33-22 can reduce the newspaper notice cost required by R.I. Gen. Laws 33-22-11; Portsmouth's February 9, 2026 example shows a minimum will petition at $218 with advertisement and $164 on waiver.
- Attend the hearing if the matter is placed on the calendar. Portsmouth's local administrative rules under R.I. Gen. Laws 33-22-29 set regular sessions for the second Tuesday of each month at 8:30 a.m. in the Portsmouth Town Council Chambers. The docket order for uncontested and contested matters follows R.I. Gen. Laws 33-22-30.
- After appointment, ask for certificates of appointment. Rhode Island charges $5 for each certificate of appointment under R.I. Gen. Laws 33-22-21, and banks, transfer agents, and agencies often ask for separate originals.
- File the inventory within 90 days after appointment unless the court allows more time under R.I. Gen. Laws 33-9-1. Portsmouth's February 9, 2026 fee document says the inventory charge is the difference between one percent of the inventory value and the amount already paid under R.I. Gen. Laws 33-22-21, and that inventory invoices are not mailed.
- Resolve creditor claims and taxes before closing. Claims are governed by R.I. Gen. Laws 33-11-5. Before the Portsmouth Probate Court will allow a final account, it must see that Rhode Island estate tax has been paid, extended, or determined not to apply, and the Division of Taxation's certification settles that point under R.I. Gen. Laws 44-23-36.
- Close the estate settlement with the proper accounting or affidavit. Portsmouth's February 9, 2026 schedule prices the affidavit of complete administration at $39 under its local schedule, with the statutory $30 component governed by R.I. Gen. Laws 33-22-21, and requires releases, a paid funeral bill, and the Division of Taxation's Notice of No Tax Due or estate tax lien discharge under R.I. Gen. Laws 44-23-36.
Executor duties
Portsmouth's local administrative rules add practical requirements for a personal representative handling an estate settlement in this town. Accounts must be certified by the fiduciary and the fiduciary's attorney, or by the CPA who prepared the account, and Portsmouth cites R.I. Gen. Laws 33-14-2.2 for that account certification rule. If an account includes proceeds from a real-estate sale, Portsmouth requires the HUD settlement sheet.
Portsmouth's rules also state that a final account or affidavit of complete administration will not be accepted without the fiduciary's creditor-notice affidavit. Creditor claims are governed by R.I. Gen. Laws 33-11-5, and the notice of commencement of probate is tied to R.I. Gen. Laws 33-11-5.1. If a creditor agrees to take less than the claim, Portsmouth requires a miscellaneous petition for approval unless the will authorizes the executor to compromise claims.
Portsmouth requires fee petitions for attorneys, accountants, and fiduciaries to be supported by hours, the nature of the work, and results obtained when an account is submitted. Requests for certificates of appointment after two years of no activity must be made by ex parte miscellaneous petition, while the certificate itself remains the $5 certificate of appointment governed by R.I. Gen. Laws 33-22-21.
Forms and documents
Probate forms at the Portsmouth Probate Court
Rhode Island probate forms are statewide. A legislative commission prescribes them, and the Secretary of State publishes them free to the public, lawyers, and probate clerks under R.I. Gen. Laws 33-22-16. The Portsmouth Probate Court uses the same PC-series probate forms as every other Rhode Island probate court, and its page links to the Secretary of State catalogue at sos.ri.gov under R.I. Gen. Laws 33-22-16.
Portsmouth also publishes its own Probate Filing & Fee Information document dated February 9, 2026. That local document is a filing checklist and fee guide, not a replacement for the statewide forms under R.I. Gen. Laws 33-22-16. It tells filers what to attach to common petitions, including real-estate sale materials, account materials, and closing materials.
| Form or local guide | Use in Portsmouth |
|---|---|
| Secretary of State probate forms | The statewide PC-series forms provided without charge under R.I. Gen. Laws 33-22-16. |
| PC-1.1 Administration Petition | The statewide administration petition, whose face cites R.I. Gen. Laws 33-8-8. |
| PC-1.5 Petition for Probate of Will | The statewide will petition used when a will is being offered for probate. |
| PC-1.9 Petition for Voluntary Informal Executor | The voluntary executor form for the testate route under R.I. Gen. Laws 33-24-2. |
| PC-1.10 Petition for Voluntary Informal Administrator | The voluntary administrator form for the intestate route under R.I. Gen. Laws 33-24-1. |
| PC-3.5 Appointment of Agent | The resident agent form an out-of-state executor needs under R.I. Gen. Laws 33-24-2. |
| PC-9.1 Waiver or Advertising | The waiver or advertising form tied to notice by advertisement under R.I. Gen. Laws 33-22-11 and waivers under R.I. Gen. Laws 33-22. |
| PC-7.3 Affidavit - Complete Administration | A closing form. Portsmouth's February 9, 2026 schedule lists a $39 local total, with the statutory $30 component governed by R.I. Gen. Laws 33-22-21. |
| Portsmouth Probate Filing & Fee Information | Portsmouth's February 9, 2026 local checklist and fee guide for supporting documents and local charges. |
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 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, figures unchanged since at least 1996. 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: R.I. Gen. Laws 33-22-21 requires the fee to be revised when the estimate turns out to be wrong, with a further payment or a rebate, and Portsmouth recalculates it against the inventory you file within 90 days of appointment under R.I. Gen. Laws 33-9-1. Second, the statutory fee is not the whole cost. Most petitions 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; Portsmouth also charges its own records fee.
| Portsmouth item | Amount and context |
|---|---|
| Will or administration petition, advertised | Under Portsmouth's February 9, 2026 schedule, minimum $218 and maximum $1,688. That combines the R.I. Gen. Laws 33-22-21 one percent charge with Portsmouth's $4 records surcharge and the $54 pendency and $130 qualification advertising charges under R.I. Gen. Laws 33-22-11. |
| Will petition on waiver | Under Portsmouth's February 9, 2026 schedule, minimum $164 and maximum $1,634 when the $54 pendency advertising charge under R.I. Gen. Laws 33-22-11 is avoided through waiver under R.I. Gen. Laws 33-22. |
| Voluntary informal filing under R.I. Gen. Laws 33-24 | Under Portsmouth's February 9, 2026 schedule, $39 total for a voluntary executor matter under R.I. Gen. Laws 33-24-2 or a voluntary administrator matter under R.I. Gen. Laws 33-24-1. The statutory components are governed by R.I. Gen. Laws 33-22-21 and R.I. Gen. Laws 33-24. |
| Sale or mortgage of real estate petition | Under Portsmouth's February 9, 2026 schedule, $139 total, consisting of a $39 local petition total with the R.I. Gen. Laws 33-22-21 component plus $100 advertising under R.I. Gen. Laws 33-22-11. |
| Account | Under Portsmouth's February 9, 2026 schedule, $54 advertising under R.I. Gen. Laws 33-22-11. |
| Affidavit of complete administration | Under Portsmouth's February 9, 2026 schedule, $39 total, with the statutory $30 component governed by R.I. Gen. Laws 33-22-21. |
| Certificate of appointment | $5 under R.I. Gen. Laws 33-22-21, shown on Portsmouth's February 9, 2026 schedule. |
| Certified copy of another probate document | $1.50 per page plus $3 to certify under R.I. Gen. Laws 33-22-21, shown on Portsmouth's February 9, 2026 schedule. |
Local nuance
Portsmouth-specific considerations
Portsmouth publishes more local probate detail than many Rhode Island towns. Its February 9, 2026 filing and fee guide gives worked totals for common filings, while its October 30, 2024 local administrative rules describe the session schedule, account requirements, creditor-claim handling, discovery, communications with the court, and fee petitions. Those local administrative rules are the kind of local rules required by R.I. Gen. Laws 33-22-29.
The Portsmouth Probate Court Clerk's page states that the clerk is prohibited from giving legal advice, helping prepare forms, or advising how a case should be handled. That limitation matches the role of the probate clerk under R.I. Gen. Laws 8-9-7, so use the clerk's office for filing logistics, copies, dates, and fees, not legal strategy.
Portsmouth's rules say special hearings may be established at the court's discretion, and R.I. Gen. Laws 33-22-30 allows special sessions for contested matters without extra charge. The regular session remains the second Tuesday of each month at 8:30 a.m. under Portsmouth's rules and R.I. Gen. Laws 33-22-29.
Small-estate Alternatives
Portsmouth prices both voluntary informal routes under R.I. Gen. Laws 33-24 at $39 total in its February 9, 2026 fee document. The intestate route is the voluntary administrator filing under R.I. Gen. Laws 33-24-1, and the testate route is the voluntary executor filing under R.I. Gen. Laws 33-24-2. The statewide threshold is $15,000, excluding tangible personal property, under R.I. Gen. Laws 33-24-1, and the filing must wait until after the statutory period in R.I. Gen. Laws 33-24.
The residency rule matters. An out-of-state child of an intestate Portsmouth decedent cannot serve as voluntary administrator under R.I. Gen. Laws 33-24-1 because that statute requires Rhode Island residency. If the will names an out-of-state executor, the voluntary executor route under R.I. Gen. Laws 33-24-2 can be available, but the executor must appoint a resident agent under R.I. Gen. Laws 33-24-2, commonly using PC-3.5.
Recent updates
| Local item | What changed or was published |
|---|---|
| Portsmouth fee and filing guide | Portsmouth's Probate Filing & Fee Information document is dated February 9, 2026 and lists current local filing totals, advertising charges under R.I. Gen. Laws 33-22-11, and checklist items by petition type. |
| Portsmouth local rules | Portsmouth's administrative rules are dated October 30, 2024 and state the local session schedule required by R.I. Gen. Laws 33-22-29. |
| Portsmouth calendar | The town links a 2026 Probate Court Calendar, but the regular rule remains the second Tuesday of the month at 8:30 a.m. under Portsmouth's administrative rules. |
Page last reviewed: September 2026.
Scenarios
| Situation | Likely Portsmouth path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by separating probate assets from nonprobate assets. If the house was co-owned and passes outside the estate, the Portsmouth filing may focus on solely owned accounts or vehicles. If every interested person signs waivers under R.I. Gen. Laws 33-22, Portsmouth's February 9, 2026 example shows a minimum will petition at $164 on waiver instead of $218 with advertisement under R.I. Gen. Laws 33-22-11. | Sunset helps identify which accounts and assets are solely owned, which are jointly held, and which may need a Portsmouth estate settlement filing. |
| Out-of-state adult child with a small estate | If there is no will, an out-of-state child cannot be the voluntary administrator because R.I. Gen. Laws 33-24-1 requires the voluntary administrator to be a Rhode Island resident. If the will names that child as executor, the voluntary executor path under R.I. Gen. Laws 33-24-2 can work with a resident agent under R.I. Gen. Laws 33-24-2. Portsmouth's February 9, 2026 schedule prices each voluntary informal route under R.I. Gen. Laws 33-24 at $39 total. | Sunset helps determine whether the assets fit R.I. Gen. Laws 33-24, whether there is a will naming an executor, and whether a resident agent is needed. |
| Parent settling a predeceased child's estate when a home must be sold | A sale or mortgage of real estate petition may be needed. Portsmouth's February 9, 2026 schedule lists a $139 local total for that petition, including $100 advertising under R.I. Gen. Laws 33-22-11, and requires two current market-value statements plus a title examiner's report. Portsmouth's local rules also require the HUD settlement sheet with an account showing real-estate sale proceeds. | Sunset helps organize the asset list, prepare the document packet, and connect the family with a local attorney when a sale petition or tax lien discharge is part of the estate settlement. |
Self-help resources
| Resource | What it provides | Link |
|---|---|---|
| Portsmouth Probate Court | Jurisdiction summary, contact information, and links to the town's rules, fee guide, forms page, and 2026 calendar. | https://www.portsmouthri.gov/155/Probate-Court |
| Portsmouth probate filing and fee information | Portsmouth's February 9, 2026 itemized filing charges under R.I. Gen. Laws 33-22-21, advertising charges under R.I. Gen. Laws 33-22-11, and checklist items by petition type. | https://www.portsmouthri.gov/DocumentCenter/View/2988/PROBATE-FILLING-FEES- |
| Portsmouth probate administrative rules | Portsmouth's October 30, 2024 local administrative rules under R.I. Gen. Laws 33-22-29, including court sessions, account rules, creditor-claim handling, and communications with the court. | https://www.portsmouthri.gov/DocumentCenter/View/3052/Probate-Rules-7-19 |
| 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 Portsmouth probate decree under R.I. Gen. Laws 33-23-1, through the Newport County division. | https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx |
| Rhode Island Division of Taxation, estate tax | Estate tax information under R.I. Gen. Laws 44-22 and 44-23, including Form RI-706, lien discharge forms, and the Notice of No Tax Due used for probate court purposes under R.I. Gen. Laws 44-23-36. | https://tax.ri.gov/tax-sections/estate-tax |
When to hire an attorney
Consider counsel if the estate has Rhode Island real estate, creditor disputes under R.I. Gen. Laws 33-11-5, a sale or mortgage petition, a contested hearing, tax lien discharge work under R.I. Gen. Laws 44-23, or a Portsmouth account that needs certification under the town's local rules. The clerk can answer filing and scheduling questions but cannot give legal advice or prepare forms. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families move from guesswork to a usable inventory by identifying accounts, insurance, retirement assets, vehicles, and other property that may affect a Portsmouth estate settlement.
Generate the probate packet. Sunset organizes what you know into the forms and supporting documents commonly needed for a Rhode Island probate filing, including the Portsmouth-specific checklist items you should confirm before filing.
Find a local probate attorney. When the estate involves a house sale, a contested matter, creditor issues, tax filings, or a local Portsmouth accounting requirement, Sunset can connect the family with Rhode Island probate counsel.
Sunset is free for families. Families can use Sunset to organize the estate settlement, understand the next steps, and decide when local legal help is worth bringing in.
Frequently asked questions
Where do I file probate for someone who lived in Portsmouth?
File with the Portsmouth Probate Court through the town clerk of Portsmouth at Portsmouth Town Hall, 2200 East Main Road, Portsmouth, RI 02871. The town clerk is the clerk of the probate court under R.I. Gen. Laws 8-9-6, and Portsmouth has jurisdiction when the decedent lived in Portsmouth under R.I. Gen. Laws 8-9-9.
When does the Portsmouth Probate Court meet?
Portsmouth's local administrative rules under R.I. Gen. Laws 33-22-29 state that court is in session the second Tuesday of every month starting at 8:30 a.m. in the Portsmouth Town Council Chambers. The rules also say special hearings may be set at the court's discretion, and R.I. Gen. Laws 33-22-30 allows special sessions for contested matters without extra charge.
Can I file a Portsmouth probate case online?
Plan on a paper filing. The Portsmouth Probate Court website does not offer electronic filing, and Rhode Island statutes assume paper filing: petitions must be in writing and signed under R.I. Gen. Laws 33-22-1, the original will must reach the court under R.I. Gen. Laws 33-24-2, and the fee is paid before filing under R.I. Gen. Laws 33-22-21.
Does Portsmouth have an online probate case lookup?
The town's probate page does not link an online case search. Rhode Island's state Judiciary records portal does not index municipal probate courts, and Portsmouth probate records are kept by the town clerk under R.I. Gen. Laws 8-9-7.
How much does it cost to open probate in Portsmouth?
For a will or administration petition, Rhode Island charges one percent of personal property, with a $30 minimum and $1,500 maximum under R.I. Gen. Laws 33-22-21, figures unchanged since at least 1996. Portsmouth's February 9, 2026 schedule adds a $4 records surcharge, so the local minimum is $34 and the local maximum is $1,504, plus $54 pendency advertising and $130 qualification advertising when notice by advertisement is required under R.I. Gen. Laws 33-22-11. The amount is based on your estimate and is revised when the inventory is filed under R.I. Gen. Laws 33-9-1.
Can waivers reduce the Portsmouth probate cost?
Yes, when every interested person can sign a waiver under R.I. Gen. Laws 33-22. Portsmouth's February 9, 2026 schedule shows a minimum will petition at $218 with advertisement under R.I. Gen. Laws 33-22-11 and $164 on waiver, because the $54 pendency advertising charge is avoided.
What forms does the Portsmouth Probate Court use?
Portsmouth uses the statewide Rhode Island PC forms. The Secretary of State provides probate forms without charge under R.I. Gen. Laws 33-22-16, and Portsmouth also publishes a local filing and fee guide dated February 9, 2026 that tells filers which supporting documents commonly go with each petition.
Can an out-of-state child use the small estate process in Portsmouth?
Not for an intestate voluntary administrator filing, because R.I. Gen. Laws 33-24-1 requires the voluntary administrator to be a Rhode Island resident. If a will names the out-of-state child as executor, the voluntary executor route under R.I. Gen. Laws 33-24-2 may be available with a resident agent under R.I. Gen. Laws 33-24-2.
What if the Portsmouth estate needs to sell a house?
Portsmouth's February 9, 2026 schedule lists a sale or mortgage of real estate petition at $139 total, including $100 advertising under R.I. Gen. Laws 33-22-11, and requires two current market-value statements plus a title examiner's report. If the sale proceeds appear in an account, Portsmouth's local rules require the HUD settlement sheet.
How do appeals work from the Portsmouth Probate Court?
An appeal from a Portsmouth probate decree goes to the Superior Court for Newport County under R.I. Gen. Laws 33-23-1. The first step is a claim of appeal filed with the probate clerk within 20 days after execution of the decree, and the certified claim and reasons of appeal must be filed in the Superior Court within 30 days after entry. Both deadlines are jurisdictional 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.