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Westerly Probate Court, RI Probate Information
Quick facts
| Topic | Details |
|---|---|
| Court | Westerly Probate Court |
| Where to file | Westerly Town Hall, 45 Broad Street, Westerly, RI 02891 |
| Mailing | Use the Town Hall address unless the probate clerk gives a different mailing instruction. |
| Probate phone | 401-348-2509 |
| Fax | Westerly's probate page does not publish a fax number. |
| Counter hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. These are Town Hall hours, not hearing times. |
| Court session | First and third Wednesday of every month at 10:00 a.m. in the Municipal Courtroom. Local rules must include session dates and times under R.I. Gen. Laws 33-22-29. |
| Cost to open | 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, figures unchanged since at least 1996 (R.I. Gen. Laws 33-22-21). Westerly's current posted checklist, reviewed September 2026 and carrying no printed effective date, adds its own $4 records charge, making the posted range $34 to $1,504, and lists a $35 advertising charge under R.I. Gen. Laws 33-22-11 unless notice is waived under R.I. Gen. Laws 33-22. |
| Forms | Statewide PC probate forms are free through the Rhode Island Secretary of State under R.I. Gen. Laws 33-22-16. Westerly also posts a filing checklist. |
| Electronic filing | Plan on a paper filing. Westerly's probate page and checklist describe paper documents, original wills, death certificates and notarized petitions. |
| Search | Westerly links a Curia probate search portal and two historical estate listings: 1896 to 1990, and 1990 to August 2024. |
| Hearing appearance | The published hearing location is the Municipal Courtroom. Call the probate clerk about any accommodation before the hearing date. |
| Website | Westerly Probate Court |
Before you begin — know the assets and liabilities
Before you file in Westerly, make a list of the accounts, vehicles, personal property, debts, funeral bill and any real property tied to the estate settlement. Rhode Island's opening cost depends on the personal property estimate you put on the petition, and that number is later checked against the inventory under R.I. Gen. Laws 33-22-21 and R.I. Gen. Laws 33-9-1.
Sunset's asset discovery searches more than 2,300 institutions so families can find accounts before they choose a form, pay Westerly's local charges, or ask the probate clerk for a hearing date. Better asset information makes the estate settlement smoother and reduces surprises after appointment.
Which court handles jurisdiction
File where the decedent lived. If the decedent's home was in Westerly, the Westerly 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.
Rhode Island has no county probate courts and no county government. The Westerly Probate Court is the court for the town of Westerly and for no other municipality (R.I. Gen. Laws 8-9-9). Westerly is in Washington 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.
The town clerk of Westerly is the clerk of the probate court under R.I. Gen. Laws 8-9-6. The probate clerk keeps the probate records under R.I. Gen. Laws 8-9-7.
The jurisdiction process
- Identify the assets and debts first. The estimate of personal property on the opening petition controls the up-front amount due under R.I. Gen. Laws 33-22-21, and it will matter again when the inventory is filed under R.I. Gen. Laws 33-9-1.
- Download the statewide PC probate forms from the Rhode Island Secretary of State, which provides the forms free under R.I. Gen. Laws 33-22-16. Then check Westerly's own filing checklist for the death certificate, original will, waivers, releases, paid funeral bill or real property papers that may need to travel with the form.
- File the signed paper petition with the Westerly Probate Court at Westerly Town Hall, 45 Broad Street, Westerly, RI 02891. The town clerk of Westerly is the clerk of the probate court under R.I. Gen. Laws 8-9-6.
- Pay before the petition is filed. Rhode Island sets the opening charge at one percent of personal property, minimum $30 and maximum $1,500, figures unchanged since at least 1996 (R.I. Gen. Laws 33-22-21). Westerly's current posted checklist, reviewed September 2026 and carrying no printed effective date, lists that charge as one percent plus a $4 records charge, with a $34 minimum and a $1,504 maximum.
- Decide whether the interested parties can sign a waiver under R.I. Gen. Laws 33-22. If notice is not waived, Westerly's current posted checklist, reviewed September 2026, lists a $35 advertising charge, and Rhode Island notice by newspaper is governed by R.I. Gen. Laws 33-22-11.
- Attend the scheduled session if the matter is placed for hearing. Westerly publishes sessions on the first and third Wednesday of every month at 10:00 a.m. in the Municipal Courtroom, and local rules must include session dates and times under R.I. Gen. Laws 33-22-29.
- After appointment, ask the probate clerk for the certificate of appointment. Rhode Island sets the charge at $5 for each certificate, figures unchanged since at least 1996 (R.I. Gen. Laws 33-22-21).
- File the inventory within 90 days after appointment, unless the court allows more time, under R.I. Gen. Laws 33-9-1. That inventory is when the estimated one percent charge under R.I. Gen. Laws 33-22-21 is corrected if the original estimate was too high or too low.
- If the estate includes real property, address the Rhode Island estate tax lien even when no tax is owed. Real property lien discharge uses Form T-77, and the probate court will not allow the final account unless the estate tax has been paid, extended, or determined not to apply under R.I. Gen. Laws 44-23-36.
- Close the estate when administration is complete. Westerly's current posted checklist, reviewed September 2026, lists $34 for an affidavit of complete administration, and R.I. Gen. Laws 33-22-21 sets the statewide $30 component for that filing. Westerly also lists releases, a paid funeral bill, fee information, and estate tax proof as closing items.
Forms and documents
Probate forms at the Westerly 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 sos.ri.gov. The Westerly Probate Court uses the same forms as every other Rhode Island probate court.
Westerly also publishes its own filing checklist, called Probate Items Required With Filings. That checklist is not a substitute for the statewide forms under R.I. Gen. Laws 33-22-16. It tells you what supporting papers and local charges Westerly expects with common petitions, including opening an estate, changing a name, completing administration, selling real property, reopening an estate, and using the voluntary informal route under R.I. Gen. Laws 33-24.
Fees
Rhode Island sets probate fees by statute and the same state 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 the Westerly Probate Court 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); Westerly 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 each certificate of appointment costs $5. Copies of anything on file are $1.50 a page with a $3.00 charge to certify, figures unchanged since at least 1996 (R.I. Gen. Laws 33-22-21).
| Westerly item | Posted amount | Notes |
|---|---|---|
| Opening a will or administration | One percent of the estimate plus $4, with a $34 minimum and $1,504 maximum | Westerly's current posted checklist, reviewed September 2026 and carrying no printed effective date, adds the local $4 records charge to the statewide R.I. Gen. Laws 33-22-21 amount. |
| Notice by newspaper | $35 | Listed by Westerly for petitions, accounts and qualification; newspaper advertising is governed by R.I. Gen. Laws 33-22-11 and can be avoided when notice is waived under R.I. Gen. Laws 33-22. |
| Voluntary informal executor or administrator | $39 | Westerly's current posted checklist, reviewed September 2026, lists $34 plus the $5 certification. The route is governed by R.I. Gen. Laws 33-24, with the voluntary administrator route in R.I. Gen. Laws 33-24-1 and the voluntary executor route in R.I. Gen. Laws 33-24-2. |
| Affidavit of complete administration | $34 | Westerly's posted amount includes the local records charge. The statewide component is a $30 filing under R.I. Gen. Laws 33-22-21. |
| Certificate of devise or descent recording | $50 | Westerly's current posted checklist, reviewed September 2026, lists this local recording cost when real property passes through the estate. |
Timeline
- Before filing, collect the asset estimate and choose the correct statewide PC form. Westerly's posted checklist tells you which supporting papers to bring, and the statewide fee is based on estimates submitted under R.I. Gen. Laws 33-22-21.
- File during Westerly Town Hall counter hours, Monday through Friday, 8:30 a.m. to 4:30 p.m. The town's posted hours are counter hours, not hearing hours.
- If the petition needs a hearing, plan around Westerly's published Probate Court sessions: the first and third Wednesday of every month at 10:00 a.m. in the Municipal Courtroom. Local rules must publish session dates and times under R.I. Gen. Laws 33-22-29.
- If notice is required, budget for Westerly's current posted $35 advertising charge, reviewed September 2026, unless interested parties waive notice under R.I. Gen. Laws 33-22. Newspaper notice is governed by R.I. Gen. Laws 33-22-11.
- After appointment, file the inventory within 90 days unless the court allows more time (R.I. Gen. Laws 33-9-1). The inventory is also the checkpoint for correcting the one percent fee under R.I. Gen. Laws 33-22-21.
- Before closing, clear the estate tax position. The probate court will not allow a final account until the tax has been paid, extended, or determined not to apply under R.I. Gen. Laws 44-23-36.
Local nuance
Westerly-specific considerations
| Local point | Why it matters |
|---|---|
| Westerly publishes a probate search | The town links a Curia probate search portal from its own probate page. Westerly also posts historical estate listing documents titled 1896 to 1990 and 1990 to August 2024. |
| Westerly posts a filing checklist | The checklist itemizes local charges, including the $4 records charge, $35 advertising charge under R.I. Gen. Laws 33-22-11, and $50 certificate of devise or descent recording cost, each on the current posted checklist reviewed September 2026 with no printed effective date. |
| Real property adds closing work | Westerly's checklist points families to a certificate of devise or descent and estate tax proof before closing. Rhode Island's real property estate tax lien is handled through Form T-77, and the final account cannot be allowed until the estate tax position is resolved under R.I. Gen. Laws 44-23-36. |
| Local rules are linked | Westerly links an administrative rules document. Rhode Island requires local administrative rules to include session dates, scheduling and filing deadlines under R.I. Gen. Laws 33-22-29, so ask the probate clerk for a readable copy before relying on deadlines beyond the published hearing schedule. |
Recent updates
Scenarios
| Situation | Local path in Westerly | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by confirming whether any asset actually needs probate. If real property passes through the estate, Westerly's current posted checklist, reviewed September 2026, lists a $50 certificate of devise or descent recording cost, and Rhode Island's real property estate tax lien may require Form T-77 before closing under R.I. Gen. Laws 44-23-36. | Sunset helps separate probate assets from non-probate assets, find accounts for the estate settlement, and prepare the information a local attorney or the probate clerk will ask for. |
| Out-of-state adult child with a small estate | For an intestate estate, the voluntary administrator under R.I. Gen. Laws 33-24-1 must be a Rhode Island resident, even when the estate is under $15,000, a figure in force since 2005 (R.I. Gen. Laws 33-24-1; P.L. 2005, ch. 389). If the child is named as executor in a will, the voluntary executor route can be used with a resident agent under R.I. Gen. Laws 33-24-2. Westerly's current posted checklist, reviewed September 2026, lists the voluntary informal route under R.I. Gen. Laws 33-24 at $39. | Sunset helps identify whether the estate settlement can stay in the voluntary informal lane under R.I. Gen. Laws 33-24, and helps gather the asset list before a resident agent or local attorney is contacted. |
| Parent settling a predeceased child's estate when a home must be sold | Use the full estate process in Westerly. Westerly's checklist asks for real estate sale materials such as an appraisal with the appraiser's credentials, a purchase and sale agreement, and the inventory before the sale petition is heard. The inventory is due within 90 days under R.I. Gen. Laws 33-9-1, and the estate tax lien on real property must be addressed through Form T-77 before the final account is allowed under R.I. Gen. Laws 44-23-36. | Sunset helps find financial accounts, organize real property and debt information, and connect the family with a Westerly-area probate attorney for the sale petition and closing steps. |
Self-help resources
| Resource | What it provides | Link |
|---|---|---|
| Westerly Probate Court | Local contact information, hearing schedule, filing checklist, rules link, probate search link and historical estate listings | Westerly Probate Court |
| Westerly probate search portal | The Curia probate search linked by the town of Westerly | Curia probate search |
| Westerly probate fee and filing checklist | Westerly's posted required-document list and local charges, including records, advertising under R.I. Gen. Laws 33-22-11, and real property recording items | Probate Items Required With Filings |
| Rhode Island Secretary of State probate forms | Free statewide PC probate forms under R.I. Gen. Laws 33-22-16 | Probate forms |
| Rhode Island Superior Court | Information about the court that hears probate appeals under R.I. Gen. Laws 33-23-1 | Superior Court |
| Rhode Island Division of Taxation estate tax | Estate tax return, Notice of No Tax Due information, and lien-discharge forms for real property and securities under R.I. Gen. Laws 44-23 and 44-22 | Estate tax |
When to hire an attorney
A Rhode Island probate attorney is especially useful when the estate includes real property, a sale petition, a disagreement among heirs, a bond or surety question under R.I. Gen. Laws 33-17, a tax lien issue, or an appeal with the 20-day and 30-day jurisdictional steps under R.I. Gen. Laws 33-23-1. Counsel can also help match Westerly's checklist to the statewide PC forms and keep the estate settlement moving toward the final account under R.I. Gen. Laws 44-23-36. Sunset connects families to a vetted probate attorney.
How Sunset helps
Find the accounts and assets.
Sunset helps families identify financial accounts, insurance, retirement assets, vehicles, real property and debts before they choose a Westerly filing path. That matters because the estate settlement cost starts with the personal property estimate under R.I. Gen. Laws 33-22-21.
Generate the probate packet.
Sunset turns the family's information into an organized probate packet so the statewide PC forms, Westerly checklist items, death certificate, will, waivers under R.I. Gen. Laws 33-22, and asset schedules are easier to review before filing.
Find a local probate attorney.
When a Westerly estate has real property, a sale, a contested issue, a bond question under R.I. Gen. Laws 33-17, or a tax lien, Sunset can connect the family with a local probate attorney who handles Rhode Island estate settlement.
Sunset is free for families.
Families can use Sunset to organize the estate, understand the next filing step, and decide when professional help is needed without paying Sunset.
Frequently asked questions
Where do I file probate for someone who lived in Westerly?
File with the Westerly Probate Court at Westerly Town Hall, 45 Broad Street, Westerly, RI 02891. Rhode Island probate is municipal, and the Westerly Probate Court has jurisdiction for the town of Westerly under R.I. Gen. Laws 8-9-9. The town clerk of Westerly is the clerk of the probate court under R.I. Gen. Laws 8-9-6.
Does Westerly have electronic probate filing?
Plan on paper filing. Westerly's probate page and filing checklist describe paper petitions, original wills, death certificates and notarized documents. Rhode Island statutes also assume paper: petitions are in writing, the original will has to reach the court, and payment is made before filing with a written receipt under R.I. Gen. Laws 33-22-21.
When does the Westerly Probate Court meet?
Westerly publishes probate sessions on the first and third Wednesday of every month at 10:00 a.m. in the Municipal Courtroom. Rhode Island requires local administrative rules to include court session dates and times under R.I. Gen. Laws 33-22-29.
Can I search Westerly probate matters online?
Yes. Westerly links a Curia probate search portal from its own probate page, and the town also posts historical estate listings titled 1896 to 1990 and 1990 to August 2024. The Curia portal is the probate search linked by Westerly; the town's historical listings are separate documents.
How much does it cost to open an estate in Westerly?
The statewide opening charge is one percent of the decedent's personal property, minimum $30 and maximum $1,500, figures unchanged since at least 1996 (R.I. Gen. Laws 33-22-21). Westerly's current posted checklist, reviewed September 2026 and carrying no printed effective date, lists one percent plus a $4 records charge, with a $34 minimum and $1,504 maximum. If notice by newspaper is required, Westerly lists a $35 advertising charge under R.I. Gen. Laws 33-22-11 unless notice is waived under R.I. Gen. Laws 33-22.
Does Westerly use different probate forms?
No local form set replaces the statewide forms. Rhode Island probate forms are prescribed statewide and published free through the Secretary of State under R.I. Gen. Laws 33-22-16. Westerly does post a filing checklist that tells you what supporting documents and local charges to include with those forms.
Do I have to travel to Westerly for probate?
Many filings can be prepared before a hearing is scheduled, and waivers under R.I. Gen. Laws 33-22 may reduce the need for notice by newspaper and contested scheduling. If the Westerly Probate Court places the matter on a hearing calendar, its published session location is the Municipal Courtroom. Call the probate clerk at 401-348-2509 before making travel plans.
What happens after the Westerly Probate Court appoints me?
Ask the probate clerk for certificates of appointment. Rhode Island sets the charge at $5 each, figures unchanged since at least 1996 (R.I. Gen. Laws 33-22-21). You then file the inventory within 90 days unless the court allows more time (R.I. Gen. Laws 33-9-1), handle creditors under R.I. Gen. Laws 33-11-5, resolve any estate tax issue under R.I. Gen. Laws 44-22 and 44-23, and close the estate.
Can a small estate in Westerly use the voluntary informal process?
Yes, if it fits R.I. Gen. Laws 33-24. For an intestate estate, a voluntary administrator under R.I. Gen. Laws 33-24-1 must be a Rhode Island resident, and the personal property count excludes tangible personal property under R.I. Gen. Laws 33-24-1. The $15,000 figure has been in force since 2005 (R.I. Gen. Laws 33-24-1; P.L. 2005, ch. 389). If the decedent left a will naming an executor who lives outside Rhode Island, that named executor can use the voluntary executor route with a resident agent under 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.