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Warwick Probate Court, RI Probate Information
Quick facts
| Item | Warwick detail |
|---|---|
| Court | Warwick Probate Court, the Probate Division of the Warwick City Clerk's Office. The city clerk of Warwick is the clerk of the probate court under R.I. Gen. Laws 8-9-6. |
| Where to file and mail | Warwick City Hall, second floor, 3275 Post Road, Warwick, RI 02886. Petitions may be mailed to Warwick City Hall, Probate Court, 3275 Post Road, Warwick, RI 02886. |
| Phone | 401-738-2006 |
| Fax | No fax published for the probate office. |
| [email protected] | |
| Clerk's office hours | Monday through Friday, 8:30 a.m. to 4 p.m. for in-person probate filings, inside a City Clerk's Office open Monday through Friday, 8:30 a.m. to 4:30 p.m. These are counter hours, not court session times. |
| Court sessions | Every Thursday at 8 a.m. for petitions on waiver, except legal and court holidays. Advertised petitions are heard on the first and third Thursday at 9 a.m. Warwick publishes this in its local administrative rules required by R.I. Gen. Laws 33-22-29. |
| Filing deadlines | A non-advertised petition must be on the clerk's desk by the Friday before the hearing. An advertised petition must be on the clerk's desk one month before the hearing date. |
| 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, 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). Warwick adds its own records and advertising charges; on the schedule the city publishes as of February 2020, a will or administration petition comes to $74 on waiver and $114 advertised, made up of a $30 base, a $4 surcharge and $40 or $80 of advertising, and the city notes that above $3,000 of personal property the base becomes one percent of the estimate instead of $30. The one percent is recalculated against the inventory and the difference is billed or refunded. |
| Local forms | Warwick publishes no probate form of its own. Rhode Island probate forms are statewide and free from the Secretary of State under R.I. Gen. Laws 33-22-16. |
| Local rules | Yes. Warwick publishes ten local court rules in full on the city's probate website. |
| Online filing | Paper filing. Warwick's website does not offer electronic filing for probate, and the city gives in-person filing hours plus a mailing address. |
| Case lookup | Warwick's site does not publish an online probate index. Probate records are kept by the city clerk of Warwick under R.I. Gen. Laws 8-9-7. |
| Website | https://www.warwickri.gov/207/Probate |
Before you begin — know the assets and liabilities
Before you file in Warwick, identify the accounts, personal property, debts, real estate questions and likely heirs. Rhode Island's opening fee is computed from an estimate you provide, and Warwick's own fee schedule changes once personal property is above $3,000, as of February 2020.
Sunset can help with estate settlement before a petition is filed by searching more than 2,300 institutions for accounts and assets, organizing what belongs in the probate packet, and helping you decide what has to go to the Warwick Probate Court.
Which court handles jurisdiction
File where the decedent lived. If the decedent's home was in Warwick, the Warwick 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 a neighboring city or town, that municipality's own probate court is the one to file in. West Warwick is a separate city with its own probate court and its own schedule.
Rhode Island has no county probate courts and no county government. The Warwick Probate Court is the court for the city of Warwick and for no other municipality (R.I. Gen. Laws 8-9-9). Warwick is in Kent 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 estate assets and debts before choosing forms. Warwick's own schedule says that above $3,000 of personal property, as of February 2020, the opening base becomes one percent of your estimate instead of the $30 statutory minimum, figures tied to R.I. Gen. Laws 33-22-21.
- Use the statewide PC forms free from the Secretary of State, because Rhode Island probate forms are statewide under R.I. Gen. Laws 33-22-16. Use PC-1.1 Administration Petition for an intestate estate, with the form tied to R.I. Gen. Laws 33-8-8, or PC-1.5 Petition for Probate of Will where there is a will.
- Decide whether the petition can proceed on waiver under R.I. Gen. Laws 33-22. If every interested party signs PC-9.1 Waiver or Advertising, the Warwick filing goes to the weekly 8 a.m. Thursday list rather than the advertised 9 a.m. list under R.I. Gen. Laws 33-22-11.
- File with the Warwick City Clerk's Office on the second floor of Warwick City Hall, 3275 Post Road, in person Monday through Friday between 8:30 a.m. and 4 p.m., or mail the petition to Warwick City Hall, Probate Court, 3275 Post Road, Warwick, RI 02886. If there is an original will, it must reach the court on paper.
- Meet Warwick's local cutoff. A petition that does not need advertising must be on the clerk's desk no later than the Friday before the hearing; a petition that must be advertised has to be on the clerk's desk one month before the hearing date.
- Pay before the petition is filed. Rhode Island charges one percent of the personal property over which the court has jurisdiction, with a $30 minimum and a $1,500 maximum, figures unchanged since at least 1996, based on the petitioner's estimate and later revised if the estimate is wrong (R.I. Gen. Laws 33-22-21). On Warwick's schedule as of February 2020, a will or administration petition is $74 on waiver and $114 advertised, unless the one percent base is higher.
- Let the clerk's office handle advertising when it is required. Notice by newspaper advertisement must run once a week for at least two weeks, with the first publication at least 14 days before the first hearing date, and the cost is paid to the clerk in advance (R.I. Gen. Laws 33-22-11).
- Attend the Warwick session if the matter is set for hearing. The Warwick Probate Court sits every Thursday except legal and court holidays, at 8 a.m. for petitions on waiver and at 9 a.m. on the first and third Thursday of the month for advertised petitions. The court may limit how many petitions it hears on a given day.
- Ask for certificates after appointment. Rhode Island sets the certificate of appointment charge at $5, a figure in R.I. Gen. Laws 33-22-21, and Warwick's February 2020 schedule prices each certified copy at $5. Banks, transfer agents and motor vehicle agencies may each ask for one.
- File the inventory within 90 days after appointment, with an appraisement as of the date of death, unless the court allows more time (R.I. Gen. Laws 33-9-1). This is when the one percent fee is recalculated against the inventory and a further payment or rebate follows under R.I. Gen. Laws 33-22-21.
- Track creditor claims. Claims must be presented within six months from the first publication or be forever barred, and a claim is presented when it is filed with the probate court (R.I. Gen. Laws 33-11-5).
- If the estate includes real estate, follow Warwick's local rule requiring a copy of the administration decree to be recorded in the land evidence records where the property is located, with proof of recording filed back with the Warwick Probate Court.
- For a sale of real estate, use PC-4.2 and prepare Warwick's local attachments: a certified appraisal, not a listing or selling broker's statement, a purchase and sales agreement if available, and notice to any joint owner.
- Clear the Rhode Island estate tax position before closing. The court cannot allow a final account unless the tax has been paid, extended or determined not to apply (R.I. Gen. Laws 44-23-36). In practice, that means filing Form RI-706 with the Division of Taxation under R.I. Gen. Laws 44-23 and getting its Notice of No Tax Due for the probate court, even in an estate that owes nothing.
- Close the estate with a final account or affidavit of complete administration. Warwick's rules require a receipted funeral bill, the Notice of No Tax Due, releases from claimants and from heirs and beneficiaries, either an affidavit of no real property or a recorded certificate of devise or descent, and the fiduciary's affidavit about notice to creditors. Warwick's February 2020 schedule prices an affidavit of complete administration at $34, which includes the $30 statutory component under R.I. Gen. Laws 33-22-21 and the local surcharge.
Executor duties
Warwick adds several local duties to the statewide work of a personal representative. When an account is filed, Warwick's rules require notice to the fiduciary, the heirs at law, the beneficiaries of the will, claimants and every attorney who has entered an appearance.
Warwick also requires court approval of every attorney and fiduciary fee through an application that includes a detailed time sheet. For miscellaneous petitions, including a sale petition or family allowance request, Warwick requires a mailing certification at the bottom of the petition showing that copies were sent by first class United States mail.
If the estate includes real estate, Warwick requires the administration decree to be recorded in the land evidence records where the property is located, with proof filed back in the Warwick Probate Court. For a sale of real estate, Warwick requires a certified appraisal, a purchase and sales agreement if available, and notice to joint owners.
Forms and documents
Probate forms at the Warwick 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 Warwick Probate Court uses the same statewide forms as every other Rhode Island probate court. Warwick's probate page tells readers to obtain forms from the Secretary of State, and Warwick publishes no probate form of its own. A few forms are issued by the court rather than posted online, so ask the clerk if the statewide catalogue does not include the form you need.
| Form | Use in Warwick |
|---|---|
| PC-1.1 Administration Petition | Opening an intestate estate. The form itself is tied to R.I. Gen. Laws 33-8-8. |
| PC-1.5 Petition for Probate of Will | Opening an estate when there is a will. |
| PC-9.1 Waiver or Advertising | Used when interested parties waive notice; advertising is governed by R.I. Gen. Laws 33-22-11. |
| PC-3.5 Appointment of Agent | Used when an out-of-state executor needs a resident agent under R.I. Gen. Laws 33-24-2. |
| PC-4.2 Petition for the Sale or Mortgage of Real Estate | Used when the personal representative needs authority to sell real estate; Warwick requires a certified appraisal with the petition. |
| PC-7.3 Affidavit - Complete Administration | One closing route. Warwick's February 2020 schedule prices it at $34, including the statutory $30 component under R.I. Gen. Laws 33-22-21 and the local surcharge. |
Fees
Rhode Island sets the baseline fee by statute. 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 minimum of $30 and a maximum of $1,500, figures unchanged since at least 1996 (R.I. Gen. Laws 33-22-21). The fee is due before the petition is filed, calculated from the estimate you supply, and later revised when the estimate turns out to be wrong.
Warwick adds local charges. The city's published probate fee schedule states that its fees are as of February 2020. On that schedule, a will or administration petition on waiver is $74: a $30 base, a $40 notice to creditors charge and a $4 surcharge. An advertised will or administration petition is $114: the same $30 base, a $40 advertised-petition charge, a $40 notice to creditors charge and a $4 surcharge. The city's own note says that if personal assets are more than $3,000, the base is one percent of the total estimate rather than $30.
| Warwick item | Amount | Notes |
|---|---|---|
| Will or administration on waiver | $74 as of February 2020 | Includes $30 base, $40 notice to creditors and $4 surcharge. The $30 statutory figure is tied to R.I. Gen. Laws 33-22-21. |
| Will or administration with advertising | $114 as of February 2020 | Includes $30 base, $40 advertised petition, $40 notice to creditors and $4 surcharge. Advertising is governed by R.I. Gen. Laws 33-22-11. |
| Voluntary informal administration | $39 as of February 2020 | This local figure appears on Warwick's schedule. The route is under R.I. Gen. Laws 33-24-1. |
| Voluntary informal executor | $39 as of February 2020 | This local figure appears on Warwick's schedule. The route is under R.I. Gen. Laws 33-24-2. |
| Affidavit of complete administration | $34 as of February 2020 | Includes the $30 statutory component under R.I. Gen. Laws 33-22-21 and Warwick's surcharge. |
| Will with no assets | $34 as of February 2020 | Filing a will with no probate is a $30 statutory filing under R.I. Gen. Laws 33-22-21, plus Warwick's surcharge. |
| Certified copy | $5 as of February 2020 | Warwick's schedule matches the statutory certificate of appointment charge in R.I. Gen. Laws 33-22-21. |
| Probate document copies | $1.50 per page plus $3.00 to certify, figures in R.I. Gen. Laws 33-22-21 | Use the statutory copy rule for documents on file in the probate court. |
A waiver under R.I. Gen. Laws 33-22 changes the Warwick schedule, but it does not remove every publication cost. In Warwick, the $40 advertised-petition line falls away, while the $40 notice to creditors line remains and starts the creditor claims period under R.I. Gen. Laws 33-11-5.
Timeline
- Before filing, decide whether the petition can proceed on waiver under R.I. Gen. Laws 33-22. A waiver petition is the faster Warwick track because it uses the weekly Thursday 8 a.m. list.
- For a non-advertised petition, get the papers on the clerk's desk by the Friday before the Thursday hearing. Warwick's local administrative rules give this cutoff and are the local rules required by R.I. Gen. Laws 33-22-29.
- For a petition that requires advertising, file one month before the hearing date. Warwick hears advertised petitions on the first and third Thursday at 9 a.m., and notice by newspaper advertisement must run once a week for at least two weeks with first publication at least 14 days before the hearing (R.I. Gen. Laws 33-22-11).
- After appointment, file the inventory within 90 days unless the court allows more time. The inventory must include an appraisement as of the date of death (R.I. Gen. Laws 33-9-1), and the filing fee is recalculated under R.I. Gen. Laws 33-22-21.
- After first publication, creditor claims must be presented within six months or be forever barred (R.I. Gen. Laws 33-11-5).
- Before the final account is allowed, resolve the Rhode Island estate tax position. The probate court needs the tax paid, extended or determined not to apply, and the Division of Taxation's Notice of No Tax Due settles that point (R.I. Gen. Laws 44-23-36).
Local nuance
Warwick-specific considerations
Warwick's strongest local feature is timing. The court sits every Thursday except legal and court holidays, which is unusually frequent for a Rhode Island municipal probate court. Its local administrative rules under R.I. Gen. Laws 33-22-29 split the calendar between 8 a.m. waiver matters and 9 a.m. advertised matters on the first and third Thursday.
Warwick also publishes two filing cutoffs. A non-advertised petition must be on the clerk's desk by the Friday before the hearing, while an advertised petition must be on the clerk's desk one month before the hearing. The court's rules also state that the court may limit the number of petitions heard on any given day, so filing at the last possible moment creates scheduling risk without creating a fixed wait time.
The city's February 2020 fee schedule makes waiver planning especially practical. A will or administration petition is $74 on waiver and $114 advertised as of February 2020, but the notice to creditors charge remains even on waiver. That notice matters because creditor claims run from first publication under R.I. Gen. Laws 33-11-5.
Warwick's rules are also detailed for real estate. A decree must be recorded in the land evidence records where the property is located, proof must be filed back with the Warwick Probate Court, and a petition to sell real estate must include a certified appraisal rather than a broker's listing statement.
Recent updates
Scenarios
| Situation | Warwick path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | If every interested party signs a waiver under R.I. Gen. Laws 33-22, the petition can go to Warwick's weekly Thursday 8 a.m. list with the Friday-before filing cutoff. On the city's February 2020 schedule, the opening petition is $74 on waiver instead of $114 advertised, but Warwick still charges for notice to creditors and the six-month claims period runs from first publication under R.I. Gen. Laws 33-11-5. A co-owned home that passes by survivorship is not part of the personal-property inventory under R.I. Gen. Laws 33-9-1, but the Rhode Island estate tax position still has to be resolved before the final account under R.I. Gen. Laws 44-23-36. | Sunset helps identify accounts, debts and title questions so the spouse can decide what belongs in Warwick probate and what passes outside the estate settlement. |
| Out-of-state adult child with small estate under R.I. Gen. Laws 33-24 | If the Warwick decedent died without a will, the voluntary informal administration route requires the filer to be a Rhode Island resident under R.I. Gen. Laws 33-24-1, so an adult child living in New York cannot be the voluntary administrator. If there is a will naming that child as executor, the voluntary executor route may work from out of state if the executor appoints a resident agent on PC-3.5 under R.I. Gen. Laws 33-24-2 and files the original will. Warwick accepts mailed petitions and prices voluntary informal administration and voluntary informal executor at $39 each as of February 2020. | Sunset helps separate probate assets from non-probate assets, locate the will if one exists, and prepare the information needed for the Warwick filing. |
| Parent settling a predeceased child's estate, home must be sold | Use the Warwick Probate Court because the decedent lived in Warwick. A sale of real estate uses PC-4.2, and Warwick requires a certified appraisal, a purchase and sales agreement if available, and notice to any joint owner. Warwick treats sale petitions as advertised matters, so plan for the one-month filing lead time and the first or third Thursday 9 a.m. hearing. The decree also has to be recorded in the land evidence records, and Rhode Island's estate tax lien process may require Form RI-706 and Form T-77 for real property under R.I. Gen. Laws 44-23 before closing can be finished. | Sunset helps collect property, account and debt information, generate the probate packet, and connect the parent with a Warwick-area probate attorney for the sale petition. |
Self-help resources
| Resource | What it provides | Link |
|---|---|---|
| Warwick Probate Court | The city probate page with the probate phone line, role mailbox, weekly Thursday sitting note, and links to Warwick's rules and fee schedule. | https://www.warwickri.gov/207/Probate |
| Warwick local court rules | Warwick's ten probate rules, including the hearing schedule, filing cutoffs, account requirements and real estate sale requirements. | https://www.warwickri.gov/209/Warwick-Local-Court-Rules |
| City of Warwick probate fees | Warwick's local probate fee schedule, which states that its fees are as of February 2020. | https://www.warwickri.gov/208/City-of-Warwick-Probate-Fees |
| Warwick City Clerk's Office | Counter hours for in-person probate filings and the address for mailed petitions. | https://www.warwickri.gov/196/City-Clerks-Office |
| Warwick public records requests | How to ask the city clerk's office for a document it holds, including in-person requests and the public records email address. | https://www.warwickri.gov/210/Public-Records-Requests |
| Rhode Island Secretary of State probate forms | The statewide PC form set, free to the public under R.I. Gen. Laws 33-22-16. | https://www.sos.ri.gov/divisions/business-services/probate-forms/ |
| Rhode Island General Laws, title 33 | The probate statutes, including fees, claims, appeals and voluntary informal routes. | https://webserver.rilegislature.gov/Statutes/TITLE33/INDEX.htm |
| Rhode Island Division of Taxation estate tax | Form RI-706, Form T-77, Form T-79 for securities and the Notice of No Tax Due needed before the court allows a final account under R.I. Gen. Laws 44-23-36. | https://tax.ri.gov/tax-sections/estate-tax |
When to hire an attorney
Counsel makes sense in Warwick when the estate includes real estate, a sale petition, a dispute, missing heirs, creditor problems, tax filings, or a final account with releases and a Notice of No Tax Due under R.I. Gen. Laws 44-23-36. Warwick's local rules require detailed fee applications and certified real estate appraisals in the situations they cover, so legal review can prevent a rejected filing. Sunset connects you to a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches for bank, investment, insurance and other accounts so the family can see what belongs in the estate settlement before a Warwick petition is filed.
Generate the probate packet. Sunset organizes the asset list, family information and court details into a probate packet that matches the statewide Rhode Island form set and Warwick's local filing steps.
Find a local probate attorney. If the estate needs a real estate sale, a contested hearing, tax clearance or attorney review, Sunset can connect the family with a vetted attorney familiar with Rhode Island probate.
Sunset is free for families. Families can use Sunset to organize estate settlement, find assets and get matched with probate help without paying Sunset.
Frequently asked questions
Where do I file probate for someone who lived in Warwick?
File with the Warwick Probate Court at Warwick City Hall, second floor, 3275 Post Road, Warwick, RI 02886. The city clerk of Warwick is the clerk of the probate court under R.I. Gen. Laws 8-9-6. If the decedent lived in West Warwick or another neighboring municipality, use that municipality's own probate court instead (R.I. Gen. Laws 8-9-9).
Can I mail a Warwick probate petition?
Yes. Warwick publishes this mailing form: Warwick City Hall, Probate Court, 3275 Post Road, Warwick, RI 02886. The original will, if there is one, has to reach the court on paper.
Can I file a Warwick probate case electronically?
Warwick probate is a paper filing. The Warwick Probate Court website does not offer electronic filing, and the city gives in-person filing hours and a mailing address. Rhode Island statutes also assume paper filing: a petition must be in writing and signed, the original will must reach the court when required, and the fee is paid before filing with a written receipt under R.I. Gen. Laws 33-22-21.
When does Warwick Probate Court hold hearings?
Warwick sits every Thursday except legal and court holidays. Petitions on waiver are heard at 8 a.m. every Thursday. Advertised petitions are heard at 9 a.m. on the first and third Thursday of the month. Warwick publishes those times in its local administrative rules under R.I. Gen. Laws 33-22-29.
What is the filing cutoff for a Warwick probate hearing?
A petition that does not require advertising must be on the clerk's desk no later than the Friday before the hearing. A petition that requires advertising must be on the clerk's desk one month before the hearing date. Advertising is governed by R.I. Gen. Laws 33-22-11.
How much does it cost to open probate in Warwick?
The statewide probate fee is one percent of personal property, with a $30 minimum and a $1,500 maximum, figures unchanged since at least 1996, paid before filing from your estimate and later adjusted against the inventory (R.I. Gen. Laws 33-22-21). Warwick's local schedule states that, as of February 2020, a will or administration petition is $74 on waiver and $114 advertised unless the one percent base is higher.
Does Warwick have its own probate forms?
No separate Warwick probate form is posted. Rhode Island probate forms are statewide, free and published by the Secretary of State under R.I. Gen. Laws 33-22-16. Warwick's probate page tells readers to get forms from the Secretary of State.
Can I look up a Warwick probate case online?
Warwick's own site does not publish an online probate index. Probate records are kept by the city clerk of Warwick under R.I. Gen. Laws 8-9-7. For copies of probate documents on file, R.I. Gen. Laws 33-22-21 sets the charge at $1.50 per page, with $3.00 to certify.
Do I have to travel to Warwick for a simple filing?
Warwick accepts mailed petitions, and a waiver under R.I. Gen. Laws 33-22 can put an uncontested matter on the weekly 8 a.m. Thursday list. R.I. Gen. Laws 33-22-30 governs docketing of uncontested matters. Ask the clerk what, if anything, the court needs from you for the specific hearing. The honest planning tool in Warwick is the waiver and mailed filing option, not an assumption about appearing by video.
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.