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Scituate Probate Court, RI Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Scituate Probate Court |
| Filing office | Scituate Town Clerk's Office, 195 Danielson Pike, North Scituate, RI 02857. The town clerk of Scituate is the clerk of the probate court under R.I. Gen. Laws 8-9-6. |
| Mailing | Use the Town Clerk's Office address unless the clerk gives different instructions. |
| Phone | 401-647-2822 |
| Fax | 401-647-7220 |
| Clerk hours | Monday through Friday, 8:30 a.m. to 4:00 p.m. |
| Court session | Second Wednesday of each month at 10:00 a.m. in the Town Council Chambers. Local administrative rules must state session dates and times under R.I. Gen. Laws 33-22-29. |
| Filing cost | 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, with those statutory amounts unchanged since at least 1996 (R.I. Gen. Laws 33-22-21). Scituate adds its own records and advertising charges; as published by the town on September 1, 2026, an appointment petition starts with a $30 base filing fee, a $125 creditors' notice charge, a $125 advertising charge if the matter is advertised and not on waiver, and a $4 surcharge. 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. Use the Secretary of State's current PC form catalogue. Scituate does not publish a separate local probate form on its Town Clerk page. |
| Electronic filing | Paper filing. Scituate's Town Clerk page does not offer electronic filing for probate, and Rhode Island probate statutes assume signed paper filings and fee payment before filing. |
| Probate file lookup | Scituate's own website does not publish an online probate case search. Probate records filed in Scituate are maintained in the Town Clerk's Office, are public records, and copies cost $1.50 per page plus certification charges under R.I. Gen. Laws 33-22-21. |
| Video or phone attendance | Scituate's page does not publish a video or phone option for probate proceedings. Call the clerk's office before relying on any alternative to attending the scheduled session. |
| Website | https://www.scituateri.gov/departments/town_clerk/index.php |
Before you begin — know the assets and liabilities
Before you choose a probate path in Scituate, list the decedent's accounts, personal property, debts, real estate, beneficiary designations and co-owned assets. That inventory matters immediately because Rhode Island's filing fee under R.I. Gen. Laws 33-22-21 is calculated from the petitioner's estimate, then revised later when the inventory is filed.
Sunset's estate settlement platform searches across 2,300 institutions to help families find accounts and assets before they file. That can keep a Scituate petition, waiver plan and fee estimate from being built on incomplete information.
Which court handles jurisdiction
File where the decedent lived. If the decedent's home was in Scituate, the Scituate 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 another Rhode Island 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 Scituate Probate Court is the court for the town of Scituate and for no other municipality (R.I. Gen. Laws 8-9-9). Scituate 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.
Rhode Island's Scituate is the town served by scituateri.gov and ZIP 02857. It is separate from any same-named place in another state.
The jurisdiction process
- Identify the assets and debts before filing. The estimate on the opening petition affects the statutory one percent filing fee, with a $30 minimum and a $1,500 maximum, under R.I. Gen. Laws 33-22-21.
- Download the statewide PC forms from the Rhode Island Secretary of State's current probate forms catalogue. Rhode Island probate forms are statewide, free to the public and furnished under R.I. Gen. Laws 33-22-16. Scituate's own page points users toward the statewide forms rather than a local form set.
- File the signed paper petition, original will if there is one, waivers if available and any required supporting papers with the Scituate Town Clerk's Office at 195 Danielson Pike, North Scituate, RI 02857. The town clerk is the clerk of the probate court under R.I. Gen. Laws 8-9-6.
- Pay before filing. As of September 1, 2026, Scituate's appointment-petition schedule lists a $30 base filing fee, a $125 creditors' notice charge, a $125 advertising charge if the matter is advertised and not on waiver, and a $4 surcharge. Checks must be payable to the Town of Scituate. Rhode Island requires notice by newspaper advertising when notice is required, and advertising cost is paid to the clerk in advance under R.I. Gen. Laws 33-22-11.
- Use waivers where every interested party can sign. A waiver under R.I. Gen. Laws 33-22 can remove Scituate's $125 advertising component from an appointment petition, which is the largest single local charge on the town's schedule.
- Attend the scheduled court session unless the clerk tells you the matter will be handled another way. Scituate Probate Court is in session on the second Wednesday of each month at 10:00 a.m. in the Town Council Chambers, and local administrative rules must include session dates and times under R.I. Gen. Laws 33-22-29. The town's page states that appropriate professional business attire is expected.
- After appointment, ask the probate clerk for certificates of appointment. Rhode Island sets the certificate of appointment charge at $5, unchanged since at least 1996, under R.I. Gen. Laws 33-22-21. Banks, transfer agents and other institutions often ask for their own certificate.
- File the inventory within 90 days after appointment, or within a longer time if the probate court allows it, under R.I. Gen. Laws 33-9-1. Scituate's inventory fee, as published on September 1, 2026, is one percent of personal property with credit for the original filing fee, up to a $1,470 maximum.
- Handle creditor, tax and property issues before closing. Claims are presented through the probate court process, and creditor claim timing is governed by R.I. Gen. Laws 33-11-5. Before the Scituate 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 (R.I. Gen. Laws 44-23-36).
- Close the estate with the correct account or affidavit. Scituate prices an affidavit of complete administration at $39 total as of September 1, 2026, consisting of a $30 filing fee under R.I. Gen. Laws 33-22-21, a $5 certificate charge and a $4 surcharge.
Forms and documents
Probate forms at the Scituate 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 (R.I. Gen. Laws 33-22-16); they are numbered in the PC series and downloadable at https://www.sos.ri.gov/divisions/business-services/probate-forms/.
The Scituate Probate Court uses the same statewide forms as every other Rhode Island municipal probate court. Scituate's Town Clerk page does not publish a separate local probate form, and its own online-forms link points to an old state archives address that should not be used. If a form is not in the Secretary of State catalogue, ask the Scituate probate clerk whether it is issued by the court.
| Need | Common Rhode Island form |
|---|---|
| Open an intestate estate | PC-1.1 Administration Petition, whose face cites R.I. Gen. Laws 33-8-8 |
| Probate a will | PC-1.5 Petition for Probate of Will |
| Voluntary informal executor route | PC-1.9 Petition for Voluntary Informal Executor, tied to R.I. Gen. Laws 33-24-2 |
| Voluntary informal administrator route | PC-1.10 Petition for Voluntary Informal Administrator, tied to R.I. Gen. Laws 33-24-1 |
| Appoint a resident agent | PC-3.5 Appointment of Agent, used with R.I. Gen. Laws 33-24-2 |
| Waive notice or advertising | PC-9.1 Waiver or Advertising, used with the notice and advertising rules in R.I. Gen. Laws 33-22-11 |
| Appeal a probate decree | PC-9.3 Claim of Appeal, tied to R.I. Gen. Laws 33-23-1 |
| Close a completed administration | PC-7.3 Affidavit - Complete Administration, priced under R.I. Gen. Laws 33-22-21 |
Fees
Rhode Island sets probate fees by statute and the same base schedule applies in all 39 cities and towns. For a petition to probate a will or grant administration, the fee is one percent of the decedent's personal property over which the court has jurisdiction, with a floor of $30 and a ceiling of $1,500, with those statutory amounts unchanged since at least 1996 (R.I. Gen. Laws 33-22-21). Two things about that fee surprise people. First, it is due before the petition is filed and is calculated from an estimate you supply, so the amount paid at the counter is provisional and can be revised, with a further payment or a refund, under R.I. Gen. Laws 33-22-21. Second, the statutory fee is not the whole cost because Scituate adds local notice, advertising and surcharge items.
| Scituate item | Amount as published September 1, 2026 |
|---|---|
| Appointment of executor, administrator, guardian, conservator, foreign executor or foreign administrator | $30 minimum filing fee under R.I. Gen. Laws 33-22-21, plus $125 creditors' notice, plus $125 if advertised and not on waiver under R.I. Gen. Laws 33-22-11, plus a $4 surcharge |
| Inventory fee | One percent of the personal property, with credit for the original filing fee, maximum $1,470 under R.I. Gen. Laws 33-22-21 |
| Voluntary informal executor or administrator | $39 total as published September 1, 2026: $30 filing fee under R.I. Gen. Laws 33-22-21, $5 certificate charge and $4 surcharge, for the R.I. Gen. Laws 33-24 route |
| Affidavit of complete administration | $39 total as published September 1, 2026: $30 filing fee under R.I. Gen. Laws 33-22-21, $5 certificate charge and $4 surcharge |
| Certificate of appointment | $5 under R.I. Gen. Laws 33-22-21, unchanged since at least 1996 |
| Claim out of time | $34 total as published September 1, 2026: $30 filing fee under R.I. Gen. Laws 33-22-21 plus a $4 surcharge. Claim out of time practice is governed by R.I. Gen. Laws 33-11-5. |
| Will for registry with no probatable assets | $34 total as published September 1, 2026: $30 filing fee under R.I. Gen. Laws 33-22-21 plus a $4 surcharge |
| Removal of fiduciary or termination of trust | $159 total as published September 1, 2026: $30 filing fee under R.I. Gen. Laws 33-22-21, $125 advertising under R.I. Gen. Laws 33-22-11 and a $4 surcharge |
| Copies and certification | $1.50 per page plus $3.00 to certify under R.I. Gen. Laws 33-22-21, unchanged since at least 1996 |
For advertised matters, the waiver is the main cost lever. If every interested party signs a waiver under R.I. Gen. Laws 33-22, Scituate's $125 advertising charge under R.I. Gen. Laws 33-22-11 can fall away.
Timeline
- Before filing, collect asset and debt information so the R.I. Gen. Laws 33-22-21 filing fee estimate is accurate.
- File the petition, waivers if available and payment with the Scituate Town Clerk's Office before the monthly session. The town clerk is the clerk of the probate court under R.I. Gen. Laws 8-9-6.
- Attend the Scituate Probate Court session at 10:00 a.m. on the second Wednesday of the month in the Town Council Chambers. Local administrative rules must include the dates and times when the court is in session under R.I. Gen. Laws 33-22-29.
- After appointment, order certificates of appointment at $5 each under R.I. Gen. Laws 33-22-21, unchanged since at least 1996.
- File the inventory within 90 days after appointment, unless the probate court allows longer, under R.I. Gen. Laws 33-9-1. Scituate's inventory fee is then calculated against the personal property figure.
- Before the final account can be allowed, resolve the Rhode Island estate tax position and obtain the Division of Taxation result needed for probate court purposes under R.I. Gen. Laws 44-23-36.
Local nuance
Scituate-specific considerations
| Local point | What it means |
|---|---|
| Public probate records | Scituate's Town Clerk page states that probate records filed in the town are maintained in the Town Clerk's Office, are public records and can be copied for $1.50 per page under R.I. Gen. Laws 33-22-21. |
| Dress code note | The town's probate section states that appropriate professional business attire is expected for Scituate Probate Court. |
| Local rules link | Scituate's page links a probate rules document, but that linked document does not open from the town's site. R.I. Gen. Laws 33-22-29 still requires local administrative rules to be posted in the probate clerk's office and available from the clerk. |
| Forms link on town page | The town's online-forms link points to an old state archives address. Use the current Secretary of State probate forms catalogue instead, because probate forms are statewide and free under R.I. Gen. Laws 33-22-16. |
Small-estate Alternatives
Scituate prices the statewide voluntary informal executor or administrator route at $39 total as published September 1, 2026: a $30 filing fee under R.I. Gen. Laws 33-22-21, a $5 certificate charge and a $4 surcharge. The route itself is statewide under R.I. Gen. Laws 33-24, so confirm eligibility before relying on the local price.
For an intestate estate, R.I. Gen. Laws 33-24-1 requires the voluntary administrator to be a Rhode Island resident, and the estate must meet the statutory personal-property rules. For a will that names an out-of-state executor, R.I. Gen. Laws 33-24-2 allows the named executor to proceed if a resident agent is appointed.
Recent updates
| Update | What changed |
|---|---|
| Local fee schedule read September 1, 2026 | Scituate's Town Clerk page publishes an itemized probate schedule, including a $125 creditors' notice charge, a $125 advertising charge for advertised matters under R.I. Gen. Laws 33-22-11, a $4 surcharge and $39 totals for voluntary informal filings under R.I. Gen. Laws 33-24. |
| Forms link issue read September 1, 2026 | Scituate's Town Clerk page points to an old online-forms address. Use the Rhode Island Secretary of State's current statewide probate forms catalogue under R.I. Gen. Laws 33-22-16. |
Page last reviewed: September 2026.
Scenarios
| Scenario | Likely Scituate path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by confirming what is actually probate property. Co-owned assets may pass outside probate, but any solely owned Scituate probate asset still belongs in the Scituate Probate Court if the decedent lived in Scituate (R.I. Gen. Laws 8-9-9). If every interested party signs a waiver under R.I. Gen. Laws 33-22, Scituate's $125 advertising component under R.I. Gen. Laws 33-22-11 can fall away on an appointment petition. | Sunset helps identify accounts, co-owned assets and beneficiary designations before the family pays a filing fee estimate under R.I. Gen. Laws 33-22-21. |
| Out-of-state adult child with a small estate | If a parent died intestate in Scituate, an out-of-state child cannot be the voluntary administrator because R.I. Gen. Laws 33-24-1 requires a Rhode Island resident affiant. If the parent left a will naming that child as executor, R.I. Gen. Laws 33-24-2 can allow the voluntary executor route with a resident agent. Scituate prices the voluntary informal route at $39 total as of September 1, 2026. | Sunset helps the child determine whether the asset list fits the R.I. Gen. Laws 33-24 route and can connect the family with local help for a resident-agent or full-administration filing. |
| Parent settling a predeceased child's estate when a home must be sold | Real property takes the estate out of the R.I. Gen. Laws 33-24 voluntary informal route. Plan for a full Scituate filing, appointment, certificates of appointment at $5 each under R.I. Gen. Laws 33-22-21, any sale petition, and the Rhode Island estate tax lien work needed before closing. Scituate lists sale of real estate among matters with a $125 advertising charge as of September 1, 2026. | Sunset helps organize the asset picture, prepare the estate settlement packet and identify attorney support for the home sale and tax-lien steps. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| Scituate Town Clerk and Probate Court | Provides the Scituate probate session line, public-records statement, dress-code note, itemized fee schedule and contact information. The town clerk is the clerk of the probate court under R.I. Gen. Laws 8-9-6. | https://www.scituateri.gov/departments/town_clerk/index.php |
| Rhode Island Secretary of State probate forms | Publishes the statewide PC probate forms 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 | Handles an appeal from a Scituate probate decree under R.I. Gen. Laws 33-23-1. Scituate is in Providence County for this limited Superior Court appeal purpose. | https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx |
| Rhode Island Division of Taxation estate tax | Provides the estate tax return and lien-discharge information that may be needed before a Scituate final account is allowed under R.I. Gen. Laws 44-23-36. | https://tax.ri.gov/tax-sections/estate-tax |
When to hire an attorney
Consider speaking with a Rhode Island probate attorney if the will is contested, family members will not sign waivers, a house must be sold, the estate may need Rhode Island estate tax filings, an appeal deadline under R.I. Gen. Laws 33-23-1 is approaching, or you are out of state and need a resident agent under R.I. Gen. Laws 33-24-2. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families discover financial accounts, insurance, retirement assets and other property before they choose a Scituate filing path. Better asset information means a better estate settlement plan and a more accurate fee estimate under R.I. Gen. Laws 33-22-21.
Generate the probate packet. Sunset turns the information you gather into an organized probate packet using the statewide Rhode Island PC forms published under R.I. Gen. Laws 33-22-16, plus a checklist of documents to bring or mail to the Scituate Town Clerk's Office.
Find a local probate attorney. If the Scituate matter involves real estate, a dispute, an out-of-state fiduciary or tax-lien work, Sunset can help you find a Rhode Island probate attorney who understands municipal probate practice.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset, so they can focus on the Scituate filing, the monthly court session and the work of administering the estate.
Frequently asked questions
Where do I file probate for someone who lived in Scituate?
File with the Scituate Town Clerk's Office at 195 Danielson Pike, North Scituate, RI 02857. If the decedent lived in Scituate, the Scituate Probate Court is the municipal probate court with jurisdiction 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 Scituate Probate Court meet?
Scituate Probate Court is in session on the second Wednesday of each month at 10:00 a.m. in the Town Council Chambers. Rhode Island requires local administrative rules to include session dates and times under R.I. Gen. Laws 33-22-29.
Can I file a Scituate probate case electronically?
Plan on a paper filing with the Scituate Town Clerk's Office. Scituate's Town Clerk page does not offer an electronic probate filing option, and Rhode Island probate statutes require signed written filings and payment before filing under R.I. Gen. Laws 33-22-21.
How much does probate cost in Scituate?
The base statutory filing fee for a will or administration petition is one percent of personal property, with a $30 minimum and a $1,500 maximum, with those statutory amounts unchanged since at least 1996 (R.I. Gen. Laws 33-22-21). Scituate's own schedule, as published September 1, 2026, adds local charges. An appointment petition includes a $30 minimum filing fee, $125 for creditors' notice, $125 for advertising if not on waiver under R.I. Gen. Laws 33-22-11, and a $4 surcharge.
Does Scituate have its own probate forms?
Scituate uses Rhode Island's statewide probate forms. They are free through the Secretary of State under R.I. Gen. Laws 33-22-16. Scituate's Town Clerk page does not publish a separate local probate form, and its own forms link points to an old state archives address, so use the current Secretary of State catalogue.
Can I look up a Scituate probate case online?
Scituate's own website does not publish an online probate case search. The town's probate section says probate records filed in Scituate are maintained in the Town Clerk's Office, are public records, and copies can be obtained for $1.50 per page under R.I. Gen. Laws 33-22-21.
Can I attend Scituate Probate Court by video or phone?
Scituate's page does not publish a video or phone option for probate proceedings. If travel is difficult, call the clerk's office at 401-647-2822 before the session and ask what the court will allow.
Do I have to travel to Scituate if everyone agrees?
Not every agreed matter creates the same travel burden, but the court has not published a general video or phone attendance rule. The practical first step is to use waivers under R.I. Gen. Laws 33-22 where appropriate, because waiver can make a matter uncontested and Rhode Island directs uncontested matters to be heard before contested matters under R.I. Gen. Laws 33-22-30. Waiver can also remove Scituate's $125 advertising charge under R.I. Gen. Laws 33-22-11.
What document proves I was appointed in Scituate?
After appointment, ask the Scituate probate clerk for certificates of appointment. Rhode Island sets the certificate of appointment charge at $5, unchanged since at least 1996, under R.I. Gen. Laws 33-22-21.
How fast do I need to act after a Scituate decree?
An appeal from a Scituate probate decree has two jurisdictional steps under R.I. Gen. Laws 33-23-1: a 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. Those deadlines cannot be extended 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.