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West Warwick Probate Court, RI Probate Information
Quick facts
| Topic | West Warwick detail |
|---|---|
| Court | West Warwick Probate Court, the probate court for the town of West Warwick. |
| Where to file | Town Clerk's office, Town Hall, 1170 Main Street, West Warwick, RI 02893. The town clerk of West Warwick is the clerk of the probate court under R.I. Gen. Laws 8-9-6. |
| Where hearings are held | Town Council Chambers, Town Hall, 1170 Main Street, West Warwick, RI 02893. |
| Phone | (401) 827-9034 for probate, with the town general line at 401-822-9200 if you need to ask for the Town Clerk's office. |
| Fax | (401) 822-9266. |
| No role mailbox is published for probate. Reach the probate clerk by phone; the probate clerk's duties are described in R.I. Gen. Laws 8-9-7. | |
| Clerk's office hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. These are Town Hall counter hours, not court session times. |
| Court sessions | 9:30 a.m. on the first and third Wednesday of each month in the Town Council Chambers, subject to the town's annual calendar. West Warwick's local administrative rules state the sitting time as required by R.I. Gen. Laws 33-22-29. |
| 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, under figures in R.I. Gen. Laws 33-22-21 that have been unchanged since at least 1996. West Warwick adds its own records and advertising charges under R.I. Gen. Laws 33-22-11; the April 7, 2025 town schedule lists an opening petition on waiver at $84.00 and with advertising at $134.00. The one percent is recalculated against the inventory required by R.I. Gen. Laws 33-9-1, and the difference is billed or refunded under R.I. Gen. Laws 33-22-21. |
| Local forms | West Warwick requires the statewide PC probate forms, prescribed and furnished without charge under R.I. Gen. Laws 33-22-16. The town publishes no separate local form packet. |
| Online filing | Paper filing in person or by mail. West Warwick's rules refer to checks payable to the Town of West Warwick, filings submitted to the probate clerk, and a hearing docket under R.I. Gen. Laws 33-22-30. |
| Case lookup | No online probate lookup is published by West Warwick. Ask the probate clerk for file access; the probate clerk keeps probate papers under R.I. Gen. Laws 8-9-7. |
| Video or phone attendance | No West Warwick instruction is published. Call the probate clerk before making travel plans. |
| Website | https://westwarwickri.gov/?SEC=01C4CA5C-D7DD-4E79-9865-C5D8771D07FA |
Before you begin — know the assets and liabilities
Before you choose forms or ask for a hearing date, list the decedent's assets, debts, names on accounts, real estate interests and likely heirs. In West Warwick, that first asset estimate matters because the probate filing fee is paid before filing and later reconciled under R.I. Gen. Laws 33-22-21 when the inventory is filed under R.I. Gen. Laws 33-9-1.
Sunset can help with the front end of estate settlement by searching more than 2,300 institutions for accounts and assets, then organizing what you find into the probate packet you file with the West Warwick Probate Court.
Which court handles jurisdiction
Rhode Island probate is municipal. Every city and town runs its probate court under R.I. Gen. Laws 8-9-9, and the West Warwick Probate Court serves the town of West Warwick only. West Warwick is not Warwick; Warwick has a separate probate court and a separate clerk's office.
Rhode Island has no county probate courts and no county government. West 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 under R.I. Gen. Laws 33-23-1, and the Superior Court sits in four divisions statewide, including a Kent County division.
File where the decedent lived. If the decedent's home was in West Warwick, this court is the filing court and no other Rhode Island probate court has jurisdiction over that estate under R.I. Gen. Laws 8-9-9.
The jurisdiction process
- Identify the assets, debts and interested parties. The estimated personal property value you put on the petition controls the first payment under R.I. Gen. Laws 33-22-21, and the estate settlement plan depends on whether there is West Warwick real estate, jointly owned property, a will, or only personal property.
- Get the statewide PC probate forms. Rhode Island forms are furnished without charge under R.I. Gen. Laws 33-22-16, and West Warwick's administrative rules make the statewide forms mandatory. Use the Secretary of State's probate forms page or the link on the town's probate page.
- File with the Town Clerk's office at Town Hall, 1170 Main Street, West Warwick, RI 02893. The town clerk serves as clerk of the probate court under R.I. Gen. Laws 8-9-6. West Warwick's rules require filings to be submitted to the probate clerk before they are scheduled.
- Pay the fee before filing. For a will or administration petition, R.I. Gen. Laws 33-22-21 sets a one percent fee on personal property, with a $30 minimum and a $1,500 maximum, figures unchanged since at least 1996. West Warwick's April 7, 2025 schedule lists an opening petition on waiver at $84.00 and with advertising at $134.00, with checks payable to the Town of West Warwick.
- Decide whether the matter can proceed on waiver. Notice and advertising are governed by R.I. Gen. Laws 33-22-11 and R.I. Gen. Laws 33-22. West Warwick's April 7, 2025 schedule shows a $50.00 difference between an opening petition on waiver and one with advertising, and the rules require advertised matters to be filed and paid by close of business on the Wednesday before the week of publication.
- Meet West Warwick's scheduling rules. Matters on waiver must be filed by close of business on the Thursday before the hearing. Pleadings, motions, legal memoranda and other filings must be submitted to the probate clerk at least three days before the hearing, with probate clerk duties under R.I. Gen. Laws 8-9-7.
- Attend the scheduled court session if the court sets one. West Warwick sits at 9:30 a.m. on the first and third Wednesday of each month in the Town Council Chambers, subject to the annual calendar and R.I. Gen. Laws 33-22-29. Attorneys are asked to sign the docket in the Town Clerk's office when it opens at 8:30 a.m.; formal and uncontested matters are heard in sign-in order, and contested matters are heard at the end of the calendar under the docket rule in R.I. Gen. Laws 33-22-30.
- After appointment, order enough certificates of appointment. R.I. Gen. Laws 33-22-21 sets the charge for each certificate of appointment at $5.00, under the current statutory schedule last amended in 2014. Banks, transfer agents and other institutions often ask for one before releasing estate assets.
- Administer the estate. File the inventory within 90 days after appointment unless the court allows more time, as required by R.I. Gen. Laws 33-9-1. That inventory is also when the provisional fee estimate is reconciled under R.I. Gen. Laws 33-22-21.
- Resolve claims, taxes and closing papers. Creditor claims run from first publication under R.I. Gen. Laws 33-11-5. Before West Warwick Probate Court allows a final account, it must see that Rhode Island estate tax has been paid, extended, or determined not to apply under R.I. Gen. Laws 44-23-36, usually through Form RI-706 and the Division of Taxation's Notice of No Tax Due for probate court purposes under R.I. Gen. Laws 44-23. West Warwick's April 7, 2025 schedule lists an affidavit of complete administration at $34.00 and all accountings at $54.00.
Forms and documents
Probate forms at the West 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 probate clerks under R.I. Gen. Laws 33-22-16. They are numbered in the PC series and are downloadable at sos.ri.gov.
The West Warwick Probate Court uses the same statewide forms as every other Rhode Island probate court, and its own administrative rule says that use of the statewide forms is mandatory under R.I. Gen. Laws 33-22-16. The town's probate page links directly to the Secretary of State probate forms catalogue.
Common estate settlement forms include PC-1.1 Administration Petition for an intestate estate, which cites R.I. Gen. Laws 33-8-8 on the form, PC-1.5 Petition for Probate of Will, PC-9.1 Waiver or Advertising under R.I. Gen. Laws 33-22-11, PC-9.3 Claim of Appeal under R.I. Gen. Laws 33-23-1, and PC-7.3 Affidavit of Complete Administration, a filing priced under R.I. Gen. Laws 33-22-21. If a needed form is not online, ask the probate clerk for the court-issued form.
Fees
Rhode Island sets the core probate fee by statute, but West Warwick's April 7, 2025 fee schedule adds the local amounts families see at the counter. For a petition to probate a will or to grant administration, the statutory component 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 in R.I. Gen. Laws 33-22-21 that have been unchanged since at least 1996. That amount is paid before filing based on the petitioner's estimate, then corrected when the inventory is filed under R.I. Gen. Laws 33-9-1.
| Filing or service | West Warwick amount |
|---|---|
| Probate of will, on waiver under R.I. Gen. Laws 33-22 | $84.00, April 7, 2025 town schedule |
| Probate of will, with advertising under R.I. Gen. Laws 33-22-11 | $134.00, April 7, 2025 town schedule |
| Petition for administration, on waiver under R.I. Gen. Laws 33-22 | $84.00, April 7, 2025 town schedule |
| Petition for administration, with advertising under R.I. Gen. Laws 33-22-11 | $134.00, April 7, 2025 town schedule |
| Petition of will with no assets | $34.00, April 7, 2025 town schedule |
| Voluntary informal petition under R.I. Gen. Laws 33-24 | $39.00, April 7, 2025 town schedule |
| Guardianships | $134.00, April 7, 2025 town schedule |
| All accountings | $54.00, April 7, 2025 town schedule |
| Real estate petitions | $54.00, April 7, 2025 town schedule |
| Change of name | $34.00, April 7, 2025 town schedule |
| Adult adoption | $84.00, April 7, 2025 town schedule |
| Removal of fiduciary | $84.00, April 7, 2025 town schedule |
| Resignation of fiduciary | $34.00, April 7, 2025 town schedule |
| Reopen estate | $34.00, April 7, 2025 town schedule |
| Petition to sell | $54.00, April 7, 2025 town schedule |
| Miscellaneous petition with advertising under R.I. Gen. Laws 33-22-11 | $54.00, April 7, 2025 town schedule |
| File claim out of time under R.I. Gen. Laws 33-11-5 and R.I. Gen. Laws 33-22-21 | $84.00, April 7, 2025 town schedule |
| Affidavit of complete administration | $34.00, April 7, 2025 town schedule |
| Certificate of appointment under R.I. Gen. Laws 33-22-21 | $5.00, April 7, 2025 town schedule and current statutory schedule last amended in 2014 |
| Copies of probate documents under R.I. Gen. Laws 33-22-21 | $1.50 per page, April 7, 2025 town schedule and current statutory schedule last amended in 2014 |
| Certification cost under R.I. Gen. Laws 33-22-21 | $3.00 plus copy cost, April 7, 2025 town schedule and current statutory schedule last amended in 2014 |
Timeline
- Before filing, choose the next available West Warwick date from the annual calendar. The regular session is 9:30 a.m. on the first and third Wednesday of each month in the Town Council Chambers under the local administrative rules required by R.I. Gen. Laws 33-22-29.
- For a matter that needs advertising, file all required documents and pay all filing and advertising charges by close of business on the Wednesday before the week of publication. West Warwick's rules state that publication is in the Tuesday edition of the Kent County Daily Times, with publication governed by R.I. Gen. Laws 33-22-11.
- For a matter on waiver, file by close of business on the Thursday before the hearing. Waiver practice is tied to R.I. Gen. Laws 33-22, and West Warwick's April 7, 2025 schedule shows a $50.00 savings on an opening petition when advertising under R.I. Gen. Laws 33-22-11 is not needed.
- Submit pleadings, motions, legal memoranda and other filings to the probate clerk at least three days before the hearing. The probate clerk's court-recording role is grounded in R.I. Gen. Laws 8-9-7.
- On the hearing morning, the Clerk's office opens at 8:30 a.m. West Warwick's rules ask attorneys to sign the docket that morning. Formal and uncontested matters are heard in sign-in order, and contested matters are heard last under the docket structure allowed by R.I. Gen. Laws 33-22-30.
- After appointment, file the inventory within 90 days unless the court allows more time, as required by R.I. Gen. Laws 33-9-1. The inventory also drives the fee correction under R.I. Gen. Laws 33-22-21.
- After first publication, creditor claims are presented within six months or are forever barred, subject to the statutory late-claim procedure in R.I. Gen. Laws 33-11-5.
- Before closing, resolve the Rhode Island estate tax position. A final account cannot be allowed unless the tax is paid, extended, or determined not to apply under R.I. Gen. Laws 44-23-36, and Form RI-706 is part of the Division of Taxation process under R.I. Gen. Laws 44-23.
Local nuance
West Warwick-specific considerations
| Local point | What it means for a filing |
|---|---|
| Publication practice | West Warwick's rules say matters requiring advertising must be filed and paid by close of business on the Wednesday before the week of publication, and that publication will run in the Tuesday edition of the Kent County Daily Times. Advertising is governed by R.I. Gen. Laws 33-22-11. |
| Morning sign-in | The rules ask attorneys to sign the docket in the Town Clerk's office after it opens at 8:30 a.m. Formal and uncontested matters are heard in sign-in order, with contested matters at the end, consistent with R.I. Gen. Laws 33-22-30. |
| Special sessions | If a contested matter cannot be finished at a regular sitting, the court may schedule a special session as reasonably necessary, and R.I. Gen. Laws 33-22-30 says no added fee is charged for that special session. |
| Orders and decrees | West Warwick's rules say every decision is reduced to a written order or decree. If no form is ready at the hearing, the prevailing party circulates a proposed order or decree, and objections are due within 7 days of mailing. The rules also say the effective date is the date the judge executes the order or decree, not the hearing date, which matters for any appeal under R.I. Gen. Laws 33-23-1. |
| Statewide forms are mandatory | West Warwick's rule 8 requires the statewide probate forms. Those forms are furnished without charge under R.I. Gen. Laws 33-22-16. |
Recent updates
Scenarios
| Situation | Likely West Warwick path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | If the home was truly co-owned outside the estate, the spouse may still need West Warwick Probate Court for accounts, vehicles, refunds or other assets titled only to the decedent. The easiest local cost lever is waiver under R.I. Gen. Laws 33-22: West Warwick's April 7, 2025 schedule lists an opening petition on waiver at $84.00 and with advertising under R.I. Gen. Laws 33-22-11 at $134.00. | Sunset organizes asset discovery, title information and interested-party details so the spouse can see whether a full estate settlement is needed or whether only limited court papers are involved. |
| Out-of-state adult child with a small estate | If a West Warwick parent died intestate, an out-of-state child from New York, Florida, California or Texas cannot serve as voluntary administrator under R.I. Gen. Laws 33-24-1 because that route requires a Rhode Island resident. If the will names that child as executor, R.I. Gen. Laws 33-24-2 can allow the voluntary executor route with a resident agent on PC-3.5, and West Warwick's April 7, 2025 schedule lists the voluntary informal petition at $39.00 under R.I. Gen. Laws 33-24. | Sunset helps identify whether the assets fit the R.I. Gen. Laws 33-24 route, flags the residency issue, and prepares the family to ask a local attorney or resident agent the right questions. |
| 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 path. The parent should expect a full West Warwick filing, a real estate petition if sale authority is needed, and estate tax lien clearance through Form RI-706 and any needed real property discharge process under R.I. Gen. Laws 44-23 and R.I. Gen. Laws 44-23-12. West Warwick's April 7, 2025 schedule lists real estate petitions at $54.00 and accountings at $54.00. | Sunset helps locate accounts, loans and property details, then helps build an estate settlement packet and connect the family with a Rhode Island probate attorney for the real estate sale step. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| West Warwick Probate Court | Explains what the office handles, gives the local probate contact point, and links the town's fee schedule, annual hearing calendar, administrative rules under R.I. Gen. Laws 33-22-29 and statewide forms under R.I. Gen. Laws 33-22-16. | https://westwarwickri.gov/?SEC=01C4CA5C-D7DD-4E79-9865-C5D8771D07FA |
| West Warwick Probate Court fee schedule | Lists West Warwick probate charges dated April 7, 2025, including waiver and advertising amounts tied to R.I. Gen. Laws 33-22-11 and copy charges tied to R.I. Gen. Laws 33-22-21. | https://westwarwickri.gov/vertical/Sites/%7B7B7C7E47-F7C1-4511-8CF3-EA8EBAF7D539%7D/uploads/4.7.25-probate_court_fees.pdf |
| West Warwick 2026 Probate Court schedule | Lists the court's 2026 session dates. The regular sitting pattern is first and third Wednesday at 9:30 a.m., subject to the posted calendar, as part of the local rule system required by R.I. Gen. Laws 33-22-29. | https://westwarwickri.gov/vertical/Sites/%7B7B7C7E47-F7C1-4511-8CF3-EA8EBAF7D539%7D/uploads/2026_probate_court_calendar.pdf |
| Rhode Island Secretary of State probate forms | Publishes the statewide PC probate forms furnished free to the public under R.I. Gen. Laws 33-22-16, including opening petitions, waivers and closing forms. | https://www.sos.ri.gov/divisions/business-services/probate-forms/ |
| Rhode Island Superior Court | Hears an appeal from a West Warwick probate decree in the Kent County division 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 page | Explains Rhode Island estate tax under R.I. Gen. Laws 44-22 and R.I. Gen. Laws 44-23, including Form RI-706, lien discharge and the Notice of No Tax Due used for probate court purposes under R.I. Gen. Laws 44-23-36. | https://tax.ri.gov/tax-sections/estate-tax |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across financial institutions and helps families find accounts, insurance, benefits and other assets that can change the West Warwick estate settlement plan before anything is filed.
Generate the probate packet. Sunset turns the information you gather into an organized packet for the West Warwick Probate Court, including the asset list, interested-party information and the local timing notes that matter for waiver, advertising under R.I. Gen. Laws 33-22-11 and the 90-day inventory under R.I. Gen. Laws 33-9-1.
Find a local probate attorney. If the estate involves a home sale, a contested hearing, a tax lien, a resident agent under R.I. Gen. Laws 33-24-2, or a fast appeal question under R.I. Gen. Laws 33-23-1, Sunset can connect the family with a Rhode Island probate attorney.
Sunset is free for families. Sunset gives families a single place to organize estate settlement tasks, documents and next steps without charging the family.
Frequently asked questions
Where do I file probate for someone who lived in West Warwick?
File with the Town Clerk's office at Town Hall, 1170 Main Street, West Warwick, RI 02893. The town clerk serves as the clerk of the probate court under R.I. Gen. Laws 8-9-6, and West Warwick Probate Court has jurisdiction for the town of West Warwick under R.I. Gen. Laws 8-9-9.
Is West Warwick Probate Court the same as Warwick Probate Court?
No. West Warwick and Warwick are separate municipalities with separate probate courts. If the decedent lived in West Warwick, use West Warwick Probate Court under R.I. Gen. Laws 8-9-9.
Can I file a West Warwick probate case online?
Plan on paper filing in person or by mail. West Warwick's rules refer to checks payable to the Town of West Warwick, filings submitted to the probate clerk, and docket sign-in at the hearing. The probate clerk's role is governed by R.I. Gen. Laws 8-9-7, and the fee receipt process is governed by R.I. Gen. Laws 33-22-21.
When does West Warwick Probate Court meet?
The court sits at 9:30 a.m. on the first and third Wednesday of each month in the Town Council Chambers, 1170 Main Street, subject to the town's annual calendar. The session schedule appears in West Warwick's local administrative rules, which are required by R.I. Gen. Laws 33-22-29.
How much does it cost to open probate in West Warwick?
For a will or administration petition, R.I. Gen. Laws 33-22-21 sets a one percent fee on personal property, with a $30 minimum and a $1,500 maximum, figures unchanged since at least 1996. West Warwick's April 7, 2025 schedule lists an opening petition on waiver at $84.00 and with advertising under R.I. Gen. Laws 33-22-11 at $134.00. The statutory one percent is provisional at filing and is corrected against the inventory under R.I. Gen. Laws 33-9-1 and R.I. Gen. Laws 33-22-21.
Does West Warwick have its own probate forms?
West Warwick uses the Rhode Island statewide PC probate forms and its rule 8 makes the statewide forms mandatory. Those probate forms are furnished without charge under R.I. Gen. Laws 33-22-16 and are available through the Secretary of State.
Is there an online West Warwick probate case lookup?
No online West Warwick probate lookup is published by the town. Call the probate clerk for access to the file; the probate clerk keeps probate papers under R.I. Gen. Laws 8-9-7.
Do I have to travel to West Warwick for the hearing?
West Warwick does not publish a video or phone attendance instruction for probate. If all interested parties can sign waivers under R.I. Gen. Laws 33-22, the matter may be simpler and may avoid advertising under R.I. Gen. Laws 33-22-11, but you should call the probate clerk before assuming whether you need to attend a particular session.
Can an out-of-state child use the Rhode Island small estate process in West Warwick?
It depends on the will. For an intestate estate, the voluntary administrator under R.I. Gen. Laws 33-24-1 must be a Rhode Island resident, so an out-of-state child cannot use that role. If the will names the out-of-state child as executor, R.I. Gen. Laws 33-24-2 can allow the voluntary executor route with a resident agent, and PC-3.5 is the resident agent form tied to R.I. Gen. Laws 33-24-2.
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.