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Smithfield Probate Court, RI Probate Information
Quick facts
| Item | Smithfield Probate Court information |
|---|---|
| Court | Smithfield Probate Court |
| File at | Smithfield Town Hall, 64 Farnum Pike, Smithfield, RI 02917. The town clerk of Smithfield is the clerk of the probate court under R.I. Gen. Laws 8-9-6. |
| Hearing room | Town Council Chambers, second floor, Smithfield Town Hall, 64 Farnum Pike. |
| Phone | (401) 233-1000 x 111. Call before going, because the town probate page does not print a separate phone line. |
| Fax | (401) 232-7244. Call before faxing filings. |
| No role email is published here. Use the phone number for the probate clerk under R.I. Gen. Laws 8-9-6. | |
| Counter hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. Call the clerk to confirm current counter hours before visiting. |
| Court sessions | Normally the first Thursday of each month at 9:00 a.m. in the Town Council Chambers, unless that day is a legal holiday or the court sets a different date. Smithfield publishes this in its local administrative rules 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, figures unchanged since at least 1996, payable before the petition is filed and computed from the petitioner's own estimate (R.I. Gen. Laws 33-22-21). Smithfield also publishes a fee schedule headed effective July 7, 2011, with records and advertising charges under R.I. Gen. Laws 33-22-11. The one percent is recalculated against the inventory filed under R.I. Gen. Laws 33-9-1, and the difference is billed or refunded. |
| Forms | Smithfield links to the statewide PC forms from the Rhode Island Secretary of State, free under R.I. Gen. Laws 33-22-16. No Smithfield-only probate form appears on the town probate page. |
| Electronic filing | Paper filing. Smithfield's page and rules do not offer electronic filing, and Rhode Island statutes assume signed written petitions, paper originals, and payment before filing (R.I. Gen. Laws 33-22-1 and 33-22-21). |
| Case lookup | No Smithfield probate search link appears on the town probate page. Probate records are kept by the town clerk of Smithfield under R.I. Gen. Laws 8-9-6 and 8-9-7. |
| Video or phone hearings | Smithfield's probate page and administrative rules do not list a video or phone hearing option. Call the clerk before planning travel. |
| Website | https://www.smithfieldri.gov/departments/town-clerk/probate-court-information |
Before you begin — know the assets and liabilities
Before you file in Smithfield, make a working list of accounts, real property, vehicles, debts, last expenses, and likely heirs or beneficiaries. The estimate you put on the petition matters because Rhode Island calculates the opening cost from personal property and later revises it when the inventory is filed (R.I. Gen. Laws 33-22-21 and 33-9-1).
Sunset can support estate settlement by helping identify accounts across more than 2,300 institutions before you choose the Smithfield filing path. That helps you decide whether the estate needs a full petition, a voluntary informal filing under R.I. Gen. Laws 33-24, or another local step.
Which court handles jurisdiction
File where the decedent lived. If the decedent's home was in Smithfield, the Smithfield Probate Court is the court, and no other Rhode Island probate court has jurisdiction over the estate (R.I. Gen. Laws 8-9-9). North Smithfield is a separate town with its own separate probate court.
Rhode Island has no county probate courts and no county government. The Smithfield Probate Court is the court for the town of Smithfield and for no other municipality (R.I. Gen. Laws 8-9-9). 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 (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
- List the assets and debts before choosing forms. The estimate on the petition drives the amount due at filing under R.I. Gen. Laws 33-22-21, and the inventory filed within 90 days after appointment under R.I. Gen. Laws 33-9-1 can change that amount.
- Download the statewide PC forms from the Rhode Island Secretary of State, including PC-1.1 for an administration petition under R.I. Gen. Laws 33-8-8, PC-1.5 for a will petition, PC-9.1 for waiver or advertising under R.I. Gen. Laws 33-22-11, and closing forms as needed. Rhode Island probate forms are free under R.I. Gen. Laws 33-22-16.
- File signed paper originals at Smithfield Town Hall, 64 Farnum Pike. The town clerk of Smithfield is the clerk of the probate court under R.I. Gen. Laws 8-9-6. Smithfield's local administrative rules under R.I. Gen. Laws 33-22-29 say checks should be payable to Smithfield Probate Court.
- Meet Smithfield's local timing rules. Matters requiring advertising under R.I. Gen. Laws 33-22-11 must be filed, with fees paid, no later than the previous Wednesday of the week of publication. Publication runs in the Tuesday Providence Journal Legal Section, twice before the hearing. Matters on waiver under R.I. Gen. Laws 33-22 must be filed at least 48 hours before the hearing date.
- Attend the Smithfield session unless the clerk tells you your matter is handled another way. Smithfield normally meets the first Thursday of each month at 9:00 a.m. in the Town Council Chambers, second floor, under local administrative rules required by R.I. Gen. Laws 33-22-29. Counselors sign the docket in the town clerk's office starting at 8:30 a.m.; uncontested matters are heard before contested matters under R.I. Gen. Laws 33-22-30.
- After appointment, ask for certificates of appointment. Each certificate of appointment costs $5, a figure in R.I. Gen. Laws 33-22-21 that is part of the fee schedule unchanged since at least 1996, and banks or transfer agents often ask for one.
- File the sworn inventory within 90 days after appointment unless the court allows more time (R.I. Gen. Laws 33-9-1). Smithfield's local rules repeat the 90-day inventory requirement and the inventory is also where the one percent charge under R.I. Gen. Laws 33-22-21 is recalculated.
- Handle creditor notice and closing documents. Smithfield's local rules say no First and Final Account and no Affidavit of Complete Administration will be accepted without the fiduciary's affidavit certifying notice to known and easily ascertainable creditors under R.I. Gen. Laws 33-11-5.1. The final account cannot be allowed until the Rhode Island estate tax position is paid, extended, or determined not to apply under R.I. Gen. Laws 44-23-36, which commonly means obtaining the Division of Taxation's Notice of No Tax Due for probate court purposes.
Executor duties
Smithfield's local administrative rules under R.I. Gen. Laws 33-22-29 add several practical duties to the statewide job of an executor or administrator. The fiduciary must file the inventory within 90 days after appointment under R.I. Gen. Laws 33-9-1; Smithfield's rule 14 repeats that clock. Smithfield's rule 8 says no First and Final Account and no Affidavit of Complete Administration will be accepted without the fiduciary's affidavit certifying creditor notice under R.I. Gen. Laws 33-11-5.1.
Smithfield's rule 9 also says no Account will be accepted without an attorney-for-the-estate certification under R.I. Gen. Laws 33-14-2.2, with no exceptions, and the probate judge may ask for more evidence. If an accounting, sale of real estate, or dispute is likely, build that requirement into the estate settlement plan early.
Forms and documents
Probate forms at the 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 (R.I. Gen. Laws 33-22-16). Smithfield's probate page sends users to the Secretary of State's probate form catalogue at https://www.sos.ri.gov/divisions/business-services/probate-forms/.
The Smithfield Probate Court uses the same PC form set as every other Rhode Island probate court. No Smithfield-only probate form appears on the town probate page; the local materials Smithfield posts are its fee schedule and its administrative rules under R.I. Gen. Laws 33-22-29.
| Need | Common form | Local note |
|---|---|---|
| Open an intestate estate | PC-1.1 Administration Petition, which cites R.I. Gen. Laws 33-8-8 | File at Smithfield Town Hall with the town clerk, who is the clerk of the probate court under R.I. Gen. Laws 8-9-6. |
| Open a will estate | PC-1.5 Petition for Probate of Will | The original will must reach the court if the will is being offered. |
| Use the voluntary informal route | PC-1.10 under R.I. Gen. Laws 33-24-1 or PC-1.9 under R.I. Gen. Laws 33-24-2 | Smithfield's fee schedule headed effective July 7, 2011 lists each voluntary informal filing at $39, made up of a $34 petition charge and a $5 certificate charge under R.I. Gen. Laws 33-22-21. |
| Reduce notice costs | PC-9.1 waiver or advertising under R.I. Gen. Laws 33-22-11 and 33-22 | Smithfield requires matters on waiver under R.I. Gen. Laws 33-22 to be filed at least 48 hours before the hearing date. |
| Sell estate real property | PC-4.2 Petition for the Sale or Mortgage of Real Estate | Smithfield's fee schedule headed effective July 7, 2011 lists a petition to sell real estate at $104 and says no waiver is allowed for that item. |
| Close the estate | PC-7.3 Affidavit of Complete Administration, a $30 statutory filing under R.I. Gen. Laws 33-22-21, or an account form if required | Smithfield's creditor-notice and account-certification rules apply before acceptance. |
Fees
Rhode Island sets probate fees by statute and the same 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, figures 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 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 Smithfield recalculates it against the inventory you file within 90 days of your appointment (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 (R.I. Gen. Laws 33-22-11); Smithfield also charges its own records fee. 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 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 (R.I. Gen. Laws 33-11-5 and 33-22-21), and each certificate of appointment costs $5 under R.I. Gen. Laws 33-22-21. Copies of anything on file are $1.50 a page with a $3 charge to certify, figures in R.I. Gen. Laws 33-22-21 and unchanged since at least 1996.
| Smithfield item | Amount in town schedule | Notes |
|---|---|---|
| Petition for probate of will or petition for administration | $174 if advertised, or $104 on waiver, in the schedule headed effective July 7, 2011 | The advertised amount combines a $34 petition charge with four legal advertisements totaling $140 under R.I. Gen. Laws 33-22-11. The waiver amount combines a $34 petition charge with two legal advertisements totaling $70 under R.I. Gen. Laws 33-22 and 33-22-11. |
| Petition to sell real estate | $104 in the schedule headed effective July 7, 2011 | Smithfield's schedule says no waiver is allowed for this item. |
| Affidavit of Complete Administration | $34 in the schedule headed effective July 7, 2011 | The statutory component is the $30 affidavit filing under R.I. Gen. Laws 33-22-21, with Smithfield's local records charge included in the town amount. |
| Voluntary informal executor or voluntary informal administration | $39 in the schedule headed effective July 7, 2011 | This route is governed by R.I. Gen. Laws 33-24-2 for a voluntary executor and R.I. Gen. Laws 33-24-1 for a voluntary administrator. The town amount combines a $34 petition charge with a $5 certificate charge under R.I. Gen. Laws 33-22-21. |
| Inventory recomputation | Up to $1,470 in the schedule headed effective July 7, 2011 | Smithfield labels this locally as an estate tax fee, but it is the statutory one percent inventory recomputation under R.I. Gen. Laws 33-22-21, not the Rhode Island estate tax under R.I. Gen. Laws 44-22 and 44-23. |
| Certificate of appointment | $5 in the schedule headed effective July 7, 2011 | The $5 certificate of appointment charge is set by R.I. Gen. Laws 33-22-21. |
| Copies and certification | $1.50 per page and $3 to certify in the schedule headed effective July 7, 2011 | Those copy and certification figures are set by R.I. Gen. Laws 33-22-21. |
Timeline
- Before the hearing month, decide whether the petition needs advertising under R.I. Gen. Laws 33-22-11 or can proceed on waiver under R.I. Gen. Laws 33-22.
- For a matter requiring advertising under R.I. Gen. Laws 33-22-11, file the papers and pay the amounts due by the previous Wednesday of the week of publication. Smithfield's local administrative rules under R.I. Gen. Laws 33-22-29 say publication runs in the Tuesday Providence Journal Legal Section, twice before the hearing.
- For a matter on waiver under R.I. Gen. Laws 33-22, file at least 48 hours before the hearing date.
- Attend the regular Smithfield session, normally the first Thursday of each month at 9:00 a.m. in the Town Council Chambers, second floor. Smithfield publishes this schedule in its local administrative rules under R.I. Gen. Laws 33-22-29.
- If counsel is appearing, Smithfield's local rules say counselors sign the docket in the town clerk's office starting at 8:30 a.m.; dockets and uncontested-first hearing order are addressed by R.I. Gen. Laws 33-22-30.
- After appointment, file the inventory within 90 days unless the court allows a longer period (R.I. Gen. Laws 33-9-1).
Local nuance
Smithfield-specific considerations
| Local point | What it means in Smithfield |
|---|---|
| First-Thursday schedule | Smithfield normally meets at 9:00 a.m. on the first Thursday of each month in the Town Council Chambers, second floor, under local administrative rules required by R.I. Gen. Laws 33-22-29. |
| Advertising cutoff | For a matter requiring advertising under R.I. Gen. Laws 33-22-11, Smithfield requires filing and payment by the previous Wednesday of the week of publication. |
| Waiver cutoff | For a matter on waiver under R.I. Gen. Laws 33-22, Smithfield requires filing at least 48 hours before the hearing date. |
| Special sessions | Smithfield's rules say special sessions are considered only for the most extenuating circumstances. R.I. Gen. Laws 33-22-30 says a special session for contested matters carries no additional charge. |
| Accounts | Smithfield will not accept an Account without an attorney-for-the-estate certification under R.I. Gen. Laws 33-14-2.2, according to its local administrative rules under R.I. Gen. Laws 33-22-29. |
Small-estate Alternatives
Smithfield's own fee schedule headed effective July 7, 2011 lists the voluntary informal executor route and the voluntary informal administration route at $39 each. The statewide route is governed by R.I. Gen. Laws 33-24: a voluntary administrator uses R.I. Gen. Laws 33-24-1, and a voluntary executor named in a will uses R.I. Gen. Laws 33-24-2. The $39 local amount combines a $34 petition charge with a $5 certificate charge under R.I. Gen. Laws 33-22-21.
The statewide threshold remains $15,000, a figure in force since 2005, and tangible personal property is excluded from the calculation under R.I. Gen. Laws 33-24-1. An out-of-state person named as executor in a will can use the voluntary executor route only with a resident agent under R.I. Gen. Laws 33-24-2.
Recent updates
| Update | Local effect |
|---|---|
| Smithfield administrative rules posted online in 2023 | The rules state the first-Thursday session schedule, Wednesday advertising deadline under R.I. Gen. Laws 33-22-11, 48-hour waiver deadline under R.I. Gen. Laws 33-22, and account requirements. |
| Smithfield fee schedule remains a 2011-dated document | The town's linked schedule is headed effective July 7, 2011. Confirm current amounts with the clerk before bringing payment. |
Page last reviewed: September 2026.
Scenarios
| Situation | Likely Smithfield path | How Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | If the home was jointly owned, first determine whether any solely owned assets still require a Smithfield filing. If a petition is needed, waivers under R.I. Gen. Laws 33-22 may reduce notice steps and advertising under R.I. Gen. Laws 33-22-11. Smithfield's schedule headed effective July 7, 2011 lists an opening will or administration petition at $174 if advertised and $104 on waiver. | Sunset helps identify accounts, debts, and title clues so the spouse can decide whether a full estate settlement filing is needed in Smithfield. |
| Out-of-state adult child with a small estate | For an intestate estate, R.I. Gen. Laws 33-24-1 requires the voluntary administrator to be a Rhode Island resident. 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 using PC-3.5 under R.I. Gen. Laws 33-24-2. Smithfield's schedule headed effective July 7, 2011 lists the voluntary informal filing at $39. | Sunset helps gather balances and institution details before the child decides whether a Rhode Island resident or local attorney is needed for estate settlement. |
| Parent settling a predeceased child's estate, home must be sold | A sale of real estate usually requires a Smithfield petition and court authority. Smithfield's schedule headed effective July 7, 2011 lists a petition to sell real estate at $104 and says no waiver is allowed. Any Rhode Island estate tax lien on real property must be addressed through the Division of Taxation before closing can be completed (R.I. Gen. Laws 44-23-12 and 44-23-36). | Sunset helps organize the asset list, generate a probate packet, and connect the parent with a local probate attorney for the sale petition and tax-lien steps. |
Self-help resources
| Resource | What it provides | Link |
|---|---|---|
| Smithfield Probate Court | Session schedule, court description, and links to Smithfield's fee schedule and administrative rules under R.I. Gen. Laws 33-22-29 | https://www.smithfieldri.gov/departments/town-clerk/probate-court-information |
| Smithfield probate fee schedule | Town itemized probate charges in a schedule headed effective July 7, 2011, including local advertising charges under R.I. Gen. Laws 33-22-11 | https://www.smithfieldri.gov/home/showpublisheddocument/1944/638403136605500000 |
| Smithfield probate administrative rules | Fourteen local administrative rules, including the hearing schedule, advertising and waiver deadlines, and account requirements under R.I. Gen. Laws 33-22-29 | https://www.smithfieldri.gov/home/showpublisheddocument/1796/638345154714170000 |
| Rhode Island Secretary of State probate forms | 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 | Information about the court that hears probate appeals under R.I. Gen. Laws 33-23-1 | https://www.courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx |
| Rhode Island Division of Taxation, estate tax | Estate tax return and lien-discharge forms for Rhode Island real property and securities under R.I. Gen. Laws 44-22 and 44-23 | https://tax.ri.gov/tax-sections/estate-tax |
When to hire an attorney
A lawyer is especially useful in Smithfield when an account will be filed, real estate must be sold, heirs disagree, creditor issues arise, or Rhode Island estate tax and lien-discharge paperwork under R.I. Gen. Laws 44-22 and 44-23 affects the closing. Smithfield's own rules say no Account will be accepted without an attorney-for-the-estate certification, so plan early if the estate settlement will require accounting. Sunset connects families with a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families locate financial accounts, insurance, real property clues, vehicles, and debts so the Smithfield filing starts from a clearer asset list.
Generate the probate packet. Sunset turns the information you provide into an organized estate settlement packet for the Smithfield Probate Court, using Rhode Island's statewide PC forms where they apply under R.I. Gen. Laws 33-22-16.
Find a local probate attorney. When Smithfield's account certification rule, a real estate sale, a contested matter, or estate tax under R.I. Gen. Laws 44-22 and 44-23 calls for legal help, Sunset can connect you with a local probate attorney.
Sunset is free for families. Families can use Sunset to organize the work, understand the next step, and move the estate settlement forward without paying Sunset.
Frequently asked questions
Where do I file probate for someone who lived in Smithfield?
File with the Smithfield Probate Court at Smithfield Town Hall, 64 Farnum Pike, Smithfield, RI 02917. The town clerk of Smithfield is the clerk of the probate court under R.I. Gen. Laws 8-9-6, and Smithfield has jurisdiction when the decedent lived in Smithfield (R.I. Gen. Laws 8-9-9).
Is North Smithfield the same probate court as Smithfield?
No. Smithfield and North Smithfield are separate towns with separate Rhode Island municipal probate courts. If the decedent lived in Smithfield, use the Smithfield Probate Court (R.I. Gen. Laws 8-9-9).
When does the Smithfield Probate Court meet?
Smithfield normally meets the first Thursday of each month at 9:00 a.m. in the Town Council Chambers on the second floor of Town Hall. The court may meet on a different day when necessary. Smithfield publishes this in its local administrative rules under R.I. Gen. Laws 33-22-29.
What are Smithfield's local filing deadlines before a hearing?
For matters requiring advertising under R.I. Gen. Laws 33-22-11, Smithfield requires filing and payment no later than the previous Wednesday of the week of publication. For matters on waiver under R.I. Gen. Laws 33-22, Smithfield requires filing at least 48 hours before the hearing date.
How much does it cost to open an estate in Smithfield?
The statewide statutory charge is one percent of personal property, with a $30 minimum and a $1,500 maximum, figures unchanged since at least 1996, and it is paid before filing on an estimate that can later be revised (R.I. Gen. Laws 33-22-21). Smithfield's linked schedule, headed effective July 7, 2011, adds local records and advertising charges under R.I. Gen. Laws 33-22-11, so call the clerk for the current amount before bringing payment.
Can I use electronic filing in Smithfield probate?
Plan on a paper filing. Smithfield's probate page and rules do not offer electronic filing, and Rhode Island statutes require written, signed petitions and payment before the petition is filed (R.I. Gen. Laws 33-22-1 and 33-22-21).
Can I search a Smithfield probate case online?
No Smithfield probate search link appears on the town probate page. Probate records are kept by the town clerk of Smithfield under R.I. Gen. Laws 8-9-6 and 8-9-7, so call the clerk's office for access to the file.
Do I have to travel to Smithfield for a probate hearing?
Smithfield's page and administrative rules do not list a video or phone hearing option. If all interested parties sign waivers under R.I. Gen. Laws 33-22 and the matter is uncontested, ask the clerk how the court will place it on the docket; uncontested matters are heard before contested matters under R.I. Gen. Laws 33-22-30.
What document do banks ask for after appointment?
Ask the probate clerk for certificates of appointment. Each certificate of appointment costs $5 under R.I. Gen. Laws 33-22-21, and you may need more than one for banks, transfer agents, or other asset holders.
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.