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Providence Probate Court, RI Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Providence Probate Court, also styled the Probate Court of the City of Providence. |
| Courthouse address | City Hall, fifth floor, 25 Dorrance Street, Providence, RI 02903. The court's own notice places hearings in Courtroom 511. Confirm the room with the clerk's office before the hearing. |
| Filing room | Room 501, fifth floor of City Hall. Filings are taken in person or by mail at 25 Dorrance Street, Providence, RI 02903. |
| Mailing | 25 Dorrance Street, Room 501, Providence, RI 02903. There is no separate post office box. |
| Phone | (401) 680-5307. |
| Fax | (401) 861-6208. |
| [email protected]. | |
| Hours | Monday 12:30 p.m. to 4:30 p.m.; Tuesday 12:30 p.m. to 4:30 p.m.; Wednesday 8:30 a.m. to 4:30 p.m.; Thursday 12:30 p.m. to 4:30 p.m.; Friday 8:30 a.m. to 4:30 p.m. The probate office is closed on Monday, Tuesday and Thursday mornings. Call before a morning visit. |
| Court sessions | Every Tuesday and Thursday at 10:00 a.m. in Courtroom 511, running to 12:30 p.m. or until the day's docket is finished, with a separate schedule posted for July and August (R.I. Gen. Laws 33-22-29; R.I. Gen. Laws 33-22-30). |
| 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). The $30 floor and $1,500 ceiling are figures set by statute and unchanged since at least 1996. Providence adds its own records and advertising charges; on the schedule the city has published since December 1, 2022, an appointment petition runs $177.00 where notice is waived and $184.00 where it is not, made up of the $30 statutory fee, a $4 surcharge and $143.00 or $150.00 of advertising, with the one percent on top. The one percent is recalculated against the inventory and the difference is billed or refunded. |
| Local forms | Yes, alongside the statewide set. Rhode Island probate forms are statewide and free from the Secretary of State (R.I. Gen. Laws 33-22-16), and this court's rules accept only those forms and the ones it publishes itself, which include a claim form and an affidavit of notice to creditors. |
| Local rules | Yes. The court publishes its own administrative rules and ten exhibit forms; the published set dates from about 2015, so confirm anything time-sensitive with the clerk's office (R.I. Gen. Laws 33-22-29). |
| E-filing | Paper filing. The court's website does not offer electronic filing, and the court's own instructions tell filers to bring paperwork in person or mail it to Room 501. |
| Case search | No online case search on the court's website. The court's records are kept by the probate clerk's office and the Providence City Archives on the fifth floor of City Hall, which holds probate proceedings from 1798 to the present and an index to probate records covering 1646 to 1995; the archives takes record requests through a form on its own page. Copies of anything on file are $1.50 a page with $3.00 to certify, set by statute (R.I. Gen. Laws 33-22-21). |
| Remote appearance | The court posts no video or phone appearance option. The court's own notice places its sessions in Courtroom 511 at City Hall; ask the clerk's office before the hearing if travelling is a difficulty. |
| Website | https://www.providenceri.gov/probate-court/ |
Before you begin — know the assets and liabilities
Start by identifying the accounts, personal property and debts before filing in Providence. Rhode Island's filing fee is one percent of the decedent's personal property, with a $30 floor and a $1,500 ceiling, and it is due before the petition is filed based on the estimate you put on the petition (R.I. Gen. Laws 33-22-21). The $30 floor and $1,500 ceiling are figures set by statute and unchanged since at least 1996. That estimate is checked against the inventory due within 90 days after appointment, and any difference is billed or refunded (R.I. Gen. Laws 33-9-1).
Liabilities matter early, too. Providence will not close an estate until the personal representative has releases from everyone entitled to a share, paid funeral bills, releases from any creditors, a tax clearance from the Rhode Island Division of Taxation, and an affidavit of notice to creditors (R.I. Gen. Laws 33-11-5; R.I. Gen. Laws 33-11-5.1; R.I. Gen. Laws 44-23-36). Sunset's asset discovery searches across 2,300 institutions so an estate settlement can start with a fuller account list instead of a guess.
Which court handles jurisdiction
Rhode Island probate is municipal. Rhode Island has no county probate courts and no county government. The Providence Probate Court is the court for the city of Providence and for no other municipality (R.I. Gen. Laws 8-9-9). Providence 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.
File where the person lived. If the decedent's home was in the city of Providence, the Providence 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 North Providence, East Providence, or another Rhode Island city or town, that municipality's own probate court is the place to file.
Providence is also the Rhode Island charter exception to the usual clerk rule. In the other 38 cities and towns, the town or city clerk is the clerk of the probate court unless a charter provides otherwise (R.I. Gen. Laws 8-9-6). Providence's home rule charter creates a separate clerk of the probate court, elected by the city council for a six-year term concurrent with the probate judge, and requires both offices to be held by members of the Rhode Island bar. Rhode Island law separately provides that probate judges are elected by the council (R.I. Gen. Laws 8-9-4), and R.I. Gen. Laws 8-9-3 provides that the probate court of the city of Providence is the probate court for the city.
The jurisdiction process
- List the property and debts before filing. The Providence filing fee starts with your estimate of the personal estate, so the asset list affects what you pay at the counter and what may be billed or refunded later (R.I. Gen. Laws 33-22-21).
- Choose the opening papers. Rhode Island probate forms are statewide and free from the Secretary of State (R.I. Gen. Laws 33-22-16). Providence accepts the Secretary of State forms and the forms the court publishes itself, including its own claim form and affidavit of notice to creditors.
- File on paper with the Providence Probate Court in Room 501 on the fifth floor of City Hall, 25 Dorrance Street, Providence, RI 02903. The court's own instructions allow papers to be brought in person or mailed to Room 501. The court's website does not offer electronic filing.
- Pay before the petition is filed. The statewide statutory charge is one percent of the personal property, with a $30 floor and a $1,500 ceiling, figures set by statute and unchanged since at least 1996 (R.I. Gen. Laws 33-22-21). On Providence's schedule effective December 1, 2022, an appointment petition is $177.00 where notice is waived and $184.00 where it is not, before the one percent, with a $4 surcharge and advertising charges included. Checks or money orders are payable to Providence Probate Court; cash is not accepted. The clerk issues a written receipt and notes the hearing date on it when possible.
- Handle notice. Most petitions requiring notice are advertised in a newspaper once a week for at least two weeks, with the first advertisement at least fourteen days before the hearing, and the advertising cost is paid to the clerk in advance (R.I. Gen. Laws 33-22-11). Providence's own rules also require ten days' written notice by regular mail when the statutes are silent. A waiver can make the matter uncontested, but in Providence it reduces the appointment-petition advertising charge by $7.00 on the December 1, 2022 schedule rather than eliminating it.
- Give the Providence notice required by the court's rules. Providence requires notice of the commencement of a decedent's estate, with a copy of the death certificate, to the state health and human services department, with proof brought to the hearing. Ask the clerk's office where to send that notice.
- Attend the hearing if one is set. The court is in session every Tuesday and Thursday at 10:00 a.m. in Courtroom 511 at City Hall, running to 12:30 p.m. or until the docket is finished, with a separate July and August schedule posted by the court (R.I. Gen. Laws 33-22-29; R.I. Gen. Laws 33-22-30). Matters on waiver should be filed at least two days before the hearing, and documents not filed with the petition should be submitted three to five days before the hearing. Sign in on the clerk's docket sheet when you arrive.
- Get certificates after appointment. When the court appoints you, the probate clerk issues a certificate of appointment, set by statute at $5 each (R.I. Gen. Laws 33-22-21). Ask for the certificates you expect to need for banks, transfer agents and similar institutions. In Providence, certificates are issued only to the named fiduciary and the fiduciary's attorney, and after two years without activity in the file a fresh certificate requires a miscellaneous petition and a hearing.
- File the inventory. The personal representative must file the inventory of personal property within 90 days after appointment unless the court allows more time (R.I. Gen. Laws 33-9-1). Providence also asks for a listing of Rhode Island real estate the decedent owned individually or as a tenant in common, with the property address and assessor's plat and lot number or a copy of the deed. No appraisal is required for that listing.
- Handle creditors. Claims are presented in writing with the probate clerk and are barred six months after the first publication (R.I. Gen. Laws 33-11-5). Providence publishes its own claim form, and its rules say the court will not reject a claim or treat it as late without a hearing.
- Get court authority before selling real estate. A petition to sell or mortgage real estate uses the statewide sale or mortgage form and must include the materials Providence requires: a copy of the purchase and sales agreement and an independent appraisal that does not come from the listing agent or the buyer's agent. On the Providence schedule effective December 1, 2022, the petition has no filing charge on the city's schedule; the $114.00 is advertising (R.I. Gen. Laws 33-22-11).
- Clear the Rhode Island estate tax position before closing. Providence will not close an estate without a tax clearance from the Rhode Island Division of Taxation, and Rhode Island law prevents allowance of a final account unless taxes imposed under chapter 44-22 are paid, extended, or found not to apply (R.I. Gen. Laws 44-23-36).
- Close the estate. Providence requires releases from everyone entitled to any part of the estate, paid funeral bills, releases from creditors, the tax clearance, and an affidavit of notice to creditors before accepting a final account or affidavit of complete administration (R.I. Gen. Laws 33-11-5.1; R.I. Gen. Laws 44-23-36). An account must be certified by the fiduciary and by the attorney for the estate or the accountant who prepared it, and an account showing proceeds from a house sale must include the settlement sheet.
Executor duties
Providence's local rules add practical duties to the statewide work of a personal representative. Along with the inventory due within 90 days after appointment, Providence asks for a list of Rhode Island real estate the decedent owned individually or as a tenant in common, with the property address and assessor's plat and lot number or a copy of the deed; no appraisal is required for that real estate listing (R.I. Gen. Laws 33-9-1).
| Local duty | What Providence requires |
|---|---|
| Notice of the estate | Send notice of the commencement of the decedent's estate, with a copy of the death certificate, to the state health and human services department and bring proof to the hearing. |
| Notice when the statute is silent | Give ten days' written notice by regular mail to interested parties or their counsel unless they waive it. |
| Accounts | Have any account certified by the fiduciary and by the attorney for the estate or the accountant who prepared it. Give notice of the account hearing by regular mail at least ten days ahead unless waived. |
| Real estate sale proceeds | Attach the settlement sheet to any account showing proceeds from the sale of real estate. |
| Creditor notice before closing | File an affidavit of notice to creditors before the court will accept a final account or an affidavit of complete administration (R.I. Gen. Laws 33-11-5.1; R.I. Gen. Laws 44-23-36). |
| Closing package | Produce releases from everyone entitled to a share, paid funeral bills, releases from creditors and the Rhode Island Division of Taxation clearance, with originals preferred. |
| Certificates | Ask for needed certificates while the file is active. Providence issues a certificate of appointment only to the fiduciary and the fiduciary's attorney, and a fresh certificate after two years without file activity requires a petition and hearing (R.I. Gen. Laws 33-22-21). |
| Written communications | Send written communications about a pending matter to the court by mail or fax, not to the private office of the clerk or judge. The probate clerk may not act as attorney before the court (R.I. Gen. Laws 8-9-7). |
Forms and documents
Probate forms at the Providence Probate Court
Rhode Island probate forms are statewide. A legislative commission prescribes them and the Secretary of State publishes them free to the public, to lawyers and to probate clerks (R.I. Gen. Laws 33-22-16); they are numbered in the PC series and downloadable at sos.ri.gov. The Providence Probate Court uses the same statewide forms as every other Rhode Island probate court, and its own administrative rules accept only those forms and the forms the court promulgates.
| Form or document | Use in Providence |
|---|---|
| Administration Petition | Opening petition when the decedent died without a will. The statewide administration petition is tied to R.I. Gen. Laws 33-8-8. |
| Petition for Probate of Will | Opening petition when the decedent left a will. |
| PC-1.10 Petition for Voluntary Informal Administrator | One of the two voluntary informal petitions Providence links directly as commonly used forms; use depends on R.I. Gen. Laws 33-24-1. |
| PC-1.9 Petition for Voluntary Informal Executor | The voluntary informal petition for a named executor, including an out-of-state executor who appoints a resident agent as required by R.I. Gen. Laws 33-24-2. |
| PC-3.5 Appointment of Agent | Resident agent form for an out-of-state executor using the voluntary executor route (R.I. Gen. Laws 33-24-2). |
| PC-9.1 Waiver or Advertising | Waiver form used when interested parties waive notice; advertising is governed by R.I. Gen. Laws 33-22-11. |
| Petition for the Sale or Mortgage of Real Estate | Used when a house or other real estate must be sold or mortgaged. Providence requires a purchase and sales agreement and an independent appraisal that does not come from either agent in the deal. |
| PC-7.3 Affidavit of Complete Administration | Closing document. Providence will not accept it without an affidavit of notice to creditors, releases, paid funeral bills and tax clearance; the filing charge is governed by R.I. Gen. Laws 33-22-21. |
| Providence claim form | Local form for a creditor's claim against an estate. Providence publishes it as a PDF on the court site. |
| Providence exhibit forms | The court publishes ten exhibit forms with its administrative rules, including an affidavit of notice to creditors and local versions of voluntary informal petitions. |
A few statewide forms are issued by the court rather than posted online. If you cannot find a form in the Secretary of State catalogue or on the Providence administrative-rules page, ask the Providence clerk's office which form it wants.
Fees
Providence publishes its own payment schedule, and it adds real money on top of the statutory fee. The schedule is a live city page that states an effective date of December 1, 2022.
Rhode Island sets the base probate charge by statute and the same statute applies in all 39 cities and towns. For a petition to probate a will or grant administration, the charge is one percent of the decedent's personal property over which the court has jurisdiction, with a $30 floor and a $1,500 ceiling, figures set by statute and unchanged since at least 1996 (R.I. Gen. Laws 33-22-21). The amount is due before the petition is filed and is calculated from an estimate you supply; the statute requires revision when the estimate is wrong, with a further payment or a refund. Providence's schedule says the one percent may be paid at filing or with the inventory. The inventory is due within 90 days after appointment (R.I. Gen. Laws 33-9-1).
| Providence item | Amount on the schedule effective December 1, 2022 |
|---|---|
| Appointment petition with notice waived | $177.00 before the one percent: the $30 statutory fee, a $4 surcharge and $143.00 of advertising, plus the one percent to the $1,500 statutory ceiling (R.I. Gen. Laws 33-22-11; R.I. Gen. Laws 33-22-21). |
| Appointment petition without waiver | $184.00 before the one percent: the $30 statutory fee, a $4 surcharge and $150.00 of advertising, plus the one percent to the $1,500 statutory ceiling (R.I. Gen. Laws 33-22-11; R.I. Gen. Laws 33-22-21). |
| Voluntary informal executor or administrator | $39.00: the $30 statutory filing charge, the $5 statutory certification and a $4 surcharge on the city's schedule (R.I. Gen. Laws 33-22-21; R.I. Gen. Laws 33-24-1; R.I. Gen. Laws 33-24-2). |
| Affidavit of complete administration | $39.00: the $30 statutory charge, the $5 statutory certificate and a $4 surcharge on the city's schedule (R.I. Gen. Laws 33-22-21). |
| Account | No filing charge on the city's schedule; the $114.00 is advertising (R.I. Gen. Laws 33-22-11). |
| Petition to sell real estate | No filing charge on the city's schedule; the $114.00 is advertising (R.I. Gen. Laws 33-22-11). |
| Removal of a fiduciary | $91.00 on the December 1, 2022 schedule: $30.00 filing charge, $4.00 surcharge and $57.00 advertising (R.I. Gen. Laws 33-22-11; R.I. Gen. Laws 33-22-21). |
| Will for registry with no probate assets | $34.00 on the December 1, 2022 schedule: $30.00 filing charge and a $4.00 surcharge (R.I. Gen. Laws 33-22-21). |
| Claim out of time | $34.00 on the December 1, 2022 schedule: $30.00 filing charge and a $4.00 surcharge (R.I. Gen. Laws 33-11-5; R.I. Gen. Laws 33-22-21). |
| Certificate of appointment | $5.00 each, set by statute (R.I. Gen. Laws 33-22-21). |
| Copies and certification | $1.50 per page and $3.00 to certify, set by statute (R.I. Gen. Laws 33-22-21). |
| Payment method | Checks and money orders are payable to Providence Probate Court. Cash is not accepted. |
Two Providence points matter. First, the waiver does not erase advertising on an appointment petition; on the December 1, 2022 schedule it reduces the advertising line by $7.00. Second, the first counter payment is not the end of the fee calculation. The one percent is recalculated when the inventory is filed, so accurate asset discovery at the start of the estate settlement prevents a surprise bill later.
Timeline
- Before filing, check whether the matter needs advertising. Newspaper notice must run once a week for at least two weeks, with the first advertisement at least fourteen days before the hearing (R.I. Gen. Laws 33-22-11).
- For a matter to be heard on waiver, Providence asks that it be filed at least two days before the hearing, except for emergencies. The waiver form relates to notice and advertising under R.I. Gen. Laws 33-22-11 and title 33-22.
- If documents were not filed with the original petition, the court's April 4, 2024 notice asks that they be submitted three to five days before the hearing date.
- The Providence Probate Court is in session every Tuesday and Thursday at 10:00 a.m., running to 12:30 p.m. or until the day's docket is complete, with a separate schedule posted for July and August (R.I. Gen. Laws 33-22-29; R.I. Gen. Laws 33-22-30).
- After appointment, file the inventory within 90 days unless the court allows more time. The inventory is also when the one percent fee is recalculated against the personal property actually listed (R.I. Gen. Laws 33-9-1; R.I. Gen. Laws 33-22-21).
- Creditor claims are barred six months after the first publication, subject to the statutory late-claim rules (R.I. Gen. Laws 33-11-5).
- The probate clerk notifies the Division of Taxation within 30 days after letters testamentary or letters of administration are granted, and Rhode Island estate tax filings use the state tax clock, not the court's hearing calendar (R.I. Gen. Laws 44-23-6; R.I. Gen. Laws 44-23-1).
- If you appeal a decree, file the claim of appeal with the Providence probate clerk within 20 days after the decree is executed, then file the certified claim and reasons in the Superior Court within 30 days after entry. Both deadlines are jurisdictional and cannot be extended (R.I. Gen. Laws 33-23-1).
Local nuance
Providence-specific considerations
| Providence point | Why it matters |
|---|---|
| Separate elected probate clerk | Providence is the Rhode Island charter exception. The city clerk is a different office; Providence's home rule charter creates a separate clerk of the probate court, elected by the city council for concurrent six-year terms with the probate judge, and requires both offices to be held by members of the Rhode Island bar (R.I. Gen. Laws 8-9-6; R.I. Gen. Laws 8-9-4). |
| Two rooms on one floor | File in Room 501. The court's own notice places hearings in Courtroom 511. Both are on the fifth floor of City Hall at 25 Dorrance Street. |
| Twice-weekly sessions | Providence sits every Tuesday and Thursday at 10:00 a.m., with a separate schedule posted for July and August (R.I. Gen. Laws 33-22-29). |
| Morning counter closures | The probate office is closed Monday, Tuesday and Thursday mornings and opens at 12:30 p.m. on those days. Wednesday and Friday are the full counter days. |
| Waiver and advertising | On Providence's schedule effective December 1, 2022, an appointment petition still carries advertising when notice is waived: $143.00 with waiver and $150.00 without waiver (R.I. Gen. Laws 33-22-11). |
| City Archives | The Providence City Archives, also on the fifth floor of City Hall, holds probate proceedings from 1798 to the present, wills, estate inventories and an index to probate records covering 1646 to 1995, and accepts online requests. |
| Written decisions | Providence publishes its own written probate decisions as PDFs, a rare window into how a Rhode Island probate court reasons. |
| Real estate sale requirements | Before granting a petition to sell, Providence requires the purchase and sales agreement and an independent appraisal that does not come from the listing agent or the buyer's agent. |
| Closing package | Providence requires releases, paid funeral bills, creditor releases, an affidavit of notice to creditors and a Division of Taxation clearance before the estate closes (R.I. Gen. Laws 33-11-5.1; R.I. Gen. Laws 44-23-36). |
Small-estate Alternatives
Providence adds one local money fact to the statewide voluntary informal route. On the payment schedule effective December 1, 2022, a voluntary informal executor or administrator filing is $39.00: the $30 statutory filing charge, the $5 statutory certification and a $4 surcharge on the city's schedule (R.I. Gen. Laws 33-22-21; R.I. Gen. Laws 33-24-1; R.I. Gen. Laws 33-24-2).
The threshold, the personal-property-only rule, the exclusion of tangible personal property, the required wait and the residency rule for a voluntary administrator are statewide rules (R.I. Gen. Laws 33-24-1; R.I. Gen. Laws 33-24-2). Providence links PC-1.10 Petition for Voluntary Informal Administrator and PC-1.9 Petition for Voluntary Informal Executor directly from its probate page, and it publishes local versions of those petitions with its administrative rules. If an out-of-state executor uses the testate route, the resident agent requirement is in R.I. Gen. Laws 33-24-2 and uses PC-3.5.
Recent updates
| Date | Providence probate update |
|---|---|
| April 4, 2024 | The court gave notice that its sessions would be held in Courtroom 511 at Providence City Hall. Confirm the room with the clerk's office before a hearing. |
| December 1, 2022 | The current published Providence fee and advertising schedule took effect, with a $4 surcharge and advertising charges from $57.00 to $150.00 depending on the petition (R.I. Gen. Laws 33-22-11; R.I. Gen. Laws 33-22-21). |
Page last reviewed: September 2026.
Scenarios
| Situation | Providence path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | If the spouse lived in Providence, file in Room 501 at City Hall for assets in the deceased spouse's sole name. On the Providence schedule effective December 1, 2022, an appointment petition is $177.00 with waiver and $184.00 without waiver, before the one percent statutory charge to the $1,500 ceiling (R.I. Gen. Laws 33-22-21; R.I. Gen. Laws 33-22-11). Providence also asks for a listing of any Rhode Island real estate owned individually or as a tenant in common with the inventory due within 90 days (R.I. Gen. Laws 33-9-1). | Sunset helps identify accounts in the decedent's sole name before the estimate goes on the petition, reducing fee surprises later in estate settlement. |
| Out-of-state adult child with a small estate | If the parent lived in Providence and died without a will, the voluntary administrator route requires the filer to be a Rhode Island resident, so an out-of-state child cannot be the voluntary administrator under R.I. Gen. Laws 33-24-1. If the parent left a will naming that child as executor, the voluntary executor route can work if the executor appoints a resident agent and files the original will (R.I. Gen. Laws 33-24-2). Providence prices the voluntary informal route at $39.00 on the schedule effective December 1, 2022. | Sunset helps sort the assets and route before anyone travels, then helps assemble the Providence packet for filing in person or by mail. |
| Parent settling a predeceased child's estate, home must be sold | File in Providence if the child lived in the city. A sale petition uses the statewide sale or mortgage form, and Providence requires a purchase and sales agreement plus an independent appraisal that does not come from the listing agent or the buyer's agent. On the schedule effective December 1, 2022, the city's schedule lists no filing charge for this petition, only a $114.00 advertising charge (R.I. Gen. Laws 33-22-11). An account showing house-sale proceeds must include the settlement sheet, and Providence will not close without tax clearance (R.I. Gen. Laws 44-23-36). | Sunset helps build the account and liability picture the court and buyer will need, and can connect the family with a Providence probate attorney for the sale petition and account certification. |
Self-help resources
| Resource | What it provides | Website |
|---|---|---|
| Providence Probate Court information and hours | Address, Room 501 filing location, direct phone, fax, role mailbox, probate office hours and current summer notice. | https://www.providenceri.gov/probate-court/information-hours/ |
| Providence Probate Court administrative rules and exhibit forms | Local administrative rules under R.I. Gen. Laws 33-22-29, including session times, notice rules, closing requirements and ten local exhibit forms. | https://www.providenceri.gov/probate-court/administrative-rules/ |
| Providence Probate Court payment schedule | The city's fee and advertising schedule, effective December 1, 2022, petition by petition. | https://www.providenceri.gov/probate-court/payment-schedule/ |
| Rhode Island Secretary of State probate forms | The statewide PC form set, free to the public, lawyers and probate clerks (R.I. Gen. Laws 33-22-16). | https://www.sos.ri.gov/divisions/business-services/probate-forms/ |
| Providence City Archives basic holdings and request form | Probate proceedings from 1798 to the present, wills, estate inventories and an index to probate records covering 1646 to 1995, with an online request form. | https://www.providenceri.gov/archives/basic-holdings/ |
| Rhode Island Division of Taxation estate tax | Estate tax return information, clearance for the automatic lien on Rhode Island real estate, and the Notice of No Tax Due used for probate court purposes (R.I. Gen. Laws 44-23; R.I. Gen. Laws 44-23-36). | https://tax.ri.gov/tax-sections/estate-tax |
When to hire an attorney
Legal help makes sense in Providence when a matter is contested, when a house must be sold, when an account needs certification, or when an appeal is being considered because Rhode Island uses two jurisdictional appeal deadlines (R.I. Gen. Laws 33-23-1). Providence's own rules require an account to be certified by the fiduciary and by the attorney for the estate or the accountant who prepared it, and the probate clerk cannot give legal advice or act as attorney before the court (R.I. Gen. Laws 8-9-7). Sunset connects families with a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches for accounts across institutions and organizes what it finds so the Providence petition, fee estimate and inventory start from a clearer asset picture. That matters because the one percent Rhode Island probate charge is recalculated when the inventory is filed (R.I. Gen. Laws 33-22-21; R.I. Gen. Laws 33-9-1).
Generate the probate packet. Sunset helps turn the asset list, family information and known debts into the forms and supporting documents needed for an estate settlement at the Providence Probate Court, including the statewide PC forms and Providence's local closing and notice requirements (R.I. Gen. Laws 33-22-16).
Find a local probate attorney. When a sale petition, account certification, creditor dispute or appeal makes the estate settlement more complex, Sunset can connect the family with a Providence probate attorney who understands the local rules and the Rhode Island deadlines.
Sunset is free for families. Families can use Sunset to organize the estate, prepare for probate and decide what help they need without paying Sunset.
Frequently asked questions
Where do I file a probate case in Providence, Rhode Island?
File with the Providence Probate Court in Room 501 on the fifth floor of City Hall, 25 Dorrance Street, Providence, RI 02903. The court accepts paper filings in person or by mail. File in Providence only if the decedent lived in the city of Providence; Rhode Island venue follows the city or town where the person lived (R.I. Gen. Laws 8-9-9).
When does the Providence Probate Court hold hearings?
The court is in session every Tuesday and Thursday at 10:00 a.m., running to 12:30 p.m. or until the day's docket is finished, with a separate schedule posted for July and August (R.I. Gen. Laws 33-22-29; R.I. Gen. Laws 33-22-30). The court's own notice places hearings in Courtroom 511 at City Hall, but you should confirm the room before the hearing.
What are the Providence probate office hours?
The probate office is open Monday 12:30 p.m. to 4:30 p.m., Tuesday 12:30 p.m. to 4:30 p.m., Wednesday 8:30 a.m. to 4:30 p.m., Thursday 12:30 p.m. to 4:30 p.m., and Friday 8:30 a.m. to 4:30 p.m. It is closed Monday, Tuesday and Thursday mornings. Call before a morning visit.
How much does it cost to open an estate in Providence?
There is no single number. The statewide charge is one percent of the personal property, with a $30 floor and a $1,500 ceiling, figures set by statute and unchanged since at least 1996 (R.I. Gen. Laws 33-22-21). Providence's schedule effective December 1, 2022 adds advertising and a $4 surcharge: an appointment petition is $177.00 with notice waived and $184.00 without waiver, before the one percent. The one percent is recalculated when the inventory is filed (R.I. Gen. Laws 33-9-1).
Does a waiver save the advertising cost in Providence?
Only slightly for an appointment petition. On the Providence schedule effective December 1, 2022, the advertising line is $143.00 when notice is waived and $150.00 when it is not, so the waiver reduces the advertising charge by $7.00 rather than eliminating it (R.I. Gen. Laws 33-22-11). A waiver can still make the matter uncontested, and uncontested matters are heard first (R.I. Gen. Laws 33-22-30).
Can I file a Providence probate case electronically?
The Providence Probate Court's website does not offer electronic filing. The court's own instructions tell filers to submit paperwork in person or by mail to Room 501, and Rhode Island statutes assume signed paper filings, the original will where one exists, and a receipt from the clerk when the fee is paid (R.I. Gen. Laws 33-22-1; R.I. Gen. Laws 33-24-2; R.I. Gen. Laws 33-22-21).
Can I look up a Providence probate estate online?
The Providence Probate Court's website does not offer a case search. For older and current probate records, the Providence City Archives holds probate proceedings from 1798 to the present and an index to probate records covering 1646 to 1995, and it accepts requests through its online request form. Copies of court papers are $1.50 per page and $3.00 to certify, set by statute (R.I. Gen. Laws 33-22-21).
Does the Providence Probate Court have its own local rules?
Yes. Providence publishes administrative rules and exhibit forms, including the court's session schedule, notice rules, account certification requirements, real estate sale requirements and closing requirements (R.I. Gen. Laws 33-22-29). The published set dates from about 2015, so confirm time-sensitive details with the clerk's office.
Do I have to travel to Providence for the hearing?
The court posts no video or phone appearance option, and its own notice places sessions in Courtroom 511 at City Hall. If every interested person signs a waiver, the matter may be uncontested, and Providence asks that waived matters be filed at least two days before the hearing. Ask the clerk's office before the hearing if travelling is a difficulty.
Who is the clerk of the Providence Probate Court?
Providence is different from the rest of Rhode Island. In most cities and towns the town or city clerk is the clerk of the probate court unless a charter provides otherwise (R.I. Gen. Laws 8-9-6). Under Rhode Island law the probate judge is elected by the council (R.I. Gen. Laws 8-9-4), and Providence's home rule charter goes further: the city council elects both the probate judge and the clerk of the probate court, each a member of the Rhode Island bar, for concurrent six-year terms.
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